For Virginia residents, having one too many drinks and getting behind the wheel can result in getting a driver’s license suspension, fines, and possible jail time. This one-time mistake can also have permanent consequences that follow offenders long after they get convicted and serve a criminal sentence. For one, a DUI conviction will show up on your driving and criminal records and impact your insurance rates for years. But the real question is — does a DUI affect your job?
According to a study by the National Consumer Law Center, 90% of U.S. employers conduct criminal background checks on some of their potential hires. These background checks are easily attainable from law enforcement agencies or third-party data brokers. In Virginia, DUI charges and convictions are a matter of public record. Job seekers who’ve had a drunk driving-related brush with the law are, therefore, likely to be apprehensive about what their DUI convictions mean for their current and future career prospects.
Can a DUI Record Affect Your Job Search?
Having a DUI conviction on your criminal record can lead to potential employers questioning your ability to drive safely for work-related purposes. This may exclude you from jobs that require regular business travel. If you have multiple convictions, potential employers may conclude that you have a substance abuse problem. In either case, the Equal Employment Opportunity Commission (EEOC) has clear guidelines on how employers can use DUI conviction records. To deny you employment solely based on a previous DUI conviction, employers need to demonstrate a “business justification” for doing so. This qualification means the type of job and how recently you were convicted play a role in whether or not you get hired.
Code of Virginia 54.1-204 also restricts the extent to which prior convictions apply to regulated professions such as doctors, attorneys, and commercial drivers. In these cases, for an individual to lose or be denied an operating license, the conviction must relate to the profession. Regulatory bodies also have to consider the age at which a person committed a DUI, the amount of time that has passed since the incident, and if there have been any rehabilitation efforts. In Virginia, a DUI conviction can also act as an automatic disqualification from professions like bail enforcement agents, commercial vehicle drivers, and driving instructors.
Can a DUI Affect Your Current Job?
Like in most U.S. states, employers in Virginia can fire employees at any time and for any reason, unless they have signed an employment contract to the contrary. The only exceptions are discriminatory reasons such as race, age, gender, sexual orientation, religion, political affiliation, disability, and pregnancy. A DUI conviction, however, isn’t regarded as discrimination and your employer would be acting well within their rights to fire you for drunk driving.
That’s especially true if such a conviction paints the organization or your position in a bad light. For example, occupations like politics, education, nursing, and law frown heavily on DUIs. On the other hand, industries like construction, sales, retail, and IT may not care much about such a conviction. That’s of course assuming that you’re not incarcerated and that your employer can keep your job until you’re released.
Can I Have My DUI Records Sealed or Expunged?
Having grasped the professional consequences of having a DUI conviction, it’s only natural to want to evaluate your options. One of the most appealing options would be to hide or remove your DUI conviction from publicly accessible records. Unfortunately, a DUI is a Class 1 Misdemeanor in Virginia and a conviction stays on offenders’ criminal records forever. A record can be expunged if you’re later proven to have been innocent or wrongly accused of the crime. A DUI can also be expunged if the Commonwealth withdrew the charges or the court dismissed the charge. For a conviction record to be sealed, you had to have been a juvenile when you committed the DUI.