Federal laws on reporting criminal arrests and convictions

On Behalf of | Aug 21, 2016 | Drunk Driving Charges

In short, the answer depends on the depth of the employment background check. For example, if you hold a commercial driving license or if driving is an integral part of your job, then even an impaired driving charge that does not result in a conviction could impact your current and future employment. This post will address the various ways in which a DUI charge may show up on a background check.

There are two bodies of law that govern background checks: federal and state. This post will discuss the federal laws governing credit checks. Under federal legislation, specifically the Fair Credit Reporting Act, crediting agencies may not report criminal arrests after seven years. But criminal convictions are reportable indefinitely.

The Civil Rights Act prohibits employers from refusing to hire an employee due to the presence of a criminal conviction; the employer must justify failure to hire on other grounds. But the presence of a conviction is never ideal, even if a prospective employer cannot hire you for that particular reason, it is easy to imagine a potential employer finding another reason to refrain from hiring you.

A DUI conviction, as you can see, does indeed follow you around. If you are defending against a criminal charge or need to get a conviction removed from your record, you may want to speak with a lawyer. These charges could impact your professional life, including finding gainful employment or keeping a current job. Don’t accept a conviction as inevitable; a lawyer may be able to help you.

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Charles Waechter | Lawyer.com Premium
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