Do Duis Matter On Background Checks In Ga

Should a DUI on a background bank check keep you from hiring a chore candidate? In many cases, employers can exercise discretion when evaluating a candidate with a DUI. Company policy, the severity and historic period of the offense, and any remediation are all factors to consider. However, it'south important to follow legal and regulatory requirements when making your hiring conclusion.

Ane of the more common criminal offenses flagged for employer review on pre-employment background checks is DUI—driving under the influence of alcohol or drugs. Convictions for DUI appear in both criminal background checks and driving record checks.

A DUI confidence may rule out hiring in certain regulated industries, but in many hiring situations, yous every bit an employer can do discretion in evaluating its importance and relevance to the job you're filling. Depending on your jurisdiction, this blazon of individualized assessment may be required by law, but it'due south also a all-time exercise to comply with Equal Employment Opportunity Commission (EEOC) guidance on the use of criminal groundwork checks in hiring.

This article will give you lot an overview of DUI, how sometimes-conflicting laws apply to its employ in hiring decisions, and other factors you may consider when a DUI conviction appears in an applicant'due south background bank check.

Will A DUI Show Up On A Background Bank check?

Driving under the influence of booze or drugs is a criminal offense, and criminal groundwork checks volition disclose convictions for DUI—known in some jurisdictions equally DWI (driving while intoxicated) or OUI (operating [a motor vehicle] under the influence). If a pre-employment groundwork screening includes a driving record check or motor vehicle record check (MVR), a DUI conviction is likely to appear there every bit well.

In the absence of a conviction, a DUI abort may also testify upward on a background bank check if the case is nevertheless awaiting—that is, if a court hasn't yet issued a verdict in the matter. Some background cheque companies volition likewise report DUI arrests that did not result in a conviction, as long as the filing engagement of the case is within the last seven years, equally allowed by federal and country law. While GoodHire reports pending cases, GoodHire excludes DUI not-convictions from pre-employment background screens in an effort to help employers comply with EEOC guidance which suggests that arrests non leading to confidence should not exist considered for hiring purposes.

Illustration showing GoodHires MVR screening option

DUIs & Background Check Failure

Will a candidate with a DUI on their record fail a background check? A DUI will certainly trigger an alarm on the background check, but that doesn't necessarily mean "declining" the cheque. While applicants whose background checks come back warning-free are oft said to take "passed" their screenings, the opposite isn't necessarily true.

A background cheque alarm, or "hit," about a DUI conviction or other criminal record simply flags the item as an issue that requires employer review and consideration. Whether you consider a DUI conviction grounds for declining to hire a candidate can depend on multiple factors.

DUIs & Hiring Decisions

Unless you're hiring for a position that is legally off-limits to applicants with a DUIs on their records, yous can consider the post-obit when making a hiring conclusion:

Whether company policy has any stipulations about hiring persons with criminal records for particular positions.
If the position the candidate seeks requires driving a vehicle, operating potentially dangerous equipment, or working with children or other vulnerable persons.
Whether the DUI confidence is a misdemeanor or a felony. Misdemeanor convictions are common with nearly outset offenses. Felony DUI convictions may indicate a repeat offense, that the crime led to injury or death, or that minor children were in the vehicle at the time of the offense.
The age of the offense. Depending on your and your candidate'south location, DUI convictions may exist reported in background checks indefinitely. Certain state laws may limit reporting to seven or ten years. A confidence may have different implications for the hiring decision if, for case, you are because a recent example versus 1 that is a decade old from an applicant with an otherwise clean record.
Remediation or rehab. Y'all may take into consideration applicants' documented completion of programs aimed at helping them change their habits and avoid re-offending.

DUIs & Groundwork Checks: Legal Considerations

The legal requirements around DUI can sometimes seem contradictory. Regulations tin forbid hiring someone with a DUI on their record for certain jobs, such as driving a tractor-trailer or a school charabanc. Yet information technology may exist frowned upon to use a criminal conviction (including 1 for DUI) as the sole ground for turning down a job applicant for other jobs—a point we address below in our discussion of federal fair hiring laws.

Here are some legal problems to consider if a DUI shows up on an applicant'south groundwork bank check.

Federal Laws

FCRA

All pre-employment background checks are bailiwick to the consent requirements spelled out in the federal Fair Credit Reporting Deed (FCRA). You'll find a more than detailed review of FCRA and its requirements here, just its provisions include:

Notifying each job candidate in writing that you intend to run a background check on them.
Obtaining each bidder'due south written consent to carry a background check.
If yous decide not to rent on the basis of the background bank check, providing the candidate with the results of their background bank check and giving them an opportunity to dispute any inaccuracies with the background check provider.
Following the adverse action process if background check findings point to a conclusion against hiring the candidate.

EEOC Requirements

In order to avoid liability under Title VII of the Civil Rights Human activity of 1964, employers should follow fair hiring practices spelled out by the EEOC on the use of criminal records in hiring. EEOC guidance suggests that an employer should non reject a job applicant based solely on past arrests or criminal convictions, provided no land or federal regulations forestall persons with criminal records from holding the job, and the offense isn't relevant to job requirements.

Individuals with criminal records including DUIs must be considered on a case-by-case basis, and mitigating circumstances such as how long ago the crime occurred, the age of the applicant at the time of the law-breaking, completion of rehabilitation or diversion programs, satisfactory job functioning in a similar office, and other context should be considered.

DOT Drug & Alcohol Clearinghouse

As of January 2020, all U.s.a. organizations that employ drivers who require commercial driver'southward licenses (CDLs) must consult the Department of Transportation'south Drug & Booze Clearinghouse as part of their pre-hiring screening procedure. This database tracks commercial driver records for DUIs and other drug or alcohol related infractions such every bit failed or refused drug tests, and whether a commuter with an infraction has been cleared for return to duty past a substance-abuse professional.

The clearinghouse requires and provides web forms for obtaining driver consent to run each query; if a driver refuses consent, they cannot be hired for a "safety-sensitive" position, including driving a commercial motor vehicle.

Cover of GoodHire guide about what to consider when you decide not to hire.

Country Laws

Local country, county, and city off-white hiring laws, also called "ban the box" laws, prohibit employers from asking virtually past convictions or incarceration on job application forms. The laws typically allow employers to inquire about criminal convictions (including DUIs) and factor them into the hiring process, but only afterward in the hiring process (typically later on the initial interview or later on a conditional offer has been made).

Details of these measures vary from jurisdiction to jurisdiction. Some state and local laws forbid employers from considering misdemeanor or other low level convictions if the offender completes rehab or remediation, for instance; others require that employers extend the waiting menstruum between pre- and final agin action to allow the candidate more time to dispute their results.

Professional person background cheque providers such equally GoodHire, which operates in all United states of america jurisdictions, can help employers navigate overlapping federal and state hiring laws, and aid avoid inadvertent compliance mistakes.

Make The Right Call

The advent of a DUI confidence in a groundwork check volition matter in different ways to different employers. It's important for employers to understand the nature of the offense, its ranges of severity, and the legal and regulatory requirements it triggers in connection with different types of jobs. It's besides important for hiring managers to understand the extent of their discretion when considering a DUI alert, and other factors they can weigh when considering its impact on job fitness. Finally, if a DUI conviction turns out to exist grounds for declining a task applicant, it'due south critical to comply with FCRA and off-white hiring laws when notifying the candidate.

Working with a professional background check provider such as GoodHire can requite employers confidence that their screening process complies with the FCRA and applicable state and local fair hiring laws. Every bit a compliance-oriented background check provider, GoodHire allows 60 minutes teams and hiring managers to focus on job candidates' skills and qualifications for the position. Sometimes, that means weighing the significance of an applicant'southward past missteps against their value as employees today.

GoodHire's background check platform makes it easy to order reports and review results.

Disclaimer

The resources provided here are for educational purposes only and practice not establish legal communication. We suggest you to consult your ain counsel if you lot have legal questions related to your specific practices and compliance with applicable laws.

Almost the Author

Jim Akin is a Connecticut-based freelance writer and editor with feel in employee relations, media relations, and social-media outreach. He has produced content and managed internal communications, business-to-business organisation outreach, and consumer-focused campaigns for clients including Experian, VantageScore Solutions, Pitney Bowes, Medtronic, Microsoft, and Coca-Cola.