Does Your Employer Find Out About a DUI in Washington State?

Anyone with a criminal record may be worried about an employer learning of that record and possibly terminating their employment because of it. If you were convicted of driving under the influence long ago or arrested for a DUI recently, will your employer find out?

Employers sometimes learn about DUI arrests through word of mouth or by periodically conducting background checks on current employees. And, if you have to serve a jail sentence, your employer will learn of a DUI. In fact, anyone who runs a criminal background check can see a DUI on your record. You cannot get a DUI conviction vacated in Washington, so taking such charges seriously after an arrest is important, as all future employers and landlords will see it.

Call the Law Offices of Smith & White at (253) 203-1645 for help with your case from our Lakewood, WA DUI defense lawyers.

Will My Current Employer Find Out About a DUI in Washington State?

While your current employer may not necessarily be notified of a recent DUI arrest or conviction in Washington, they might find out, especially if driving is part of your job responsibilities.

If you operate a truck, make deliveries, or driving is at all part of your workplace responsibilities in any way, your employer may find out about a DUI if your license is revoked. License suspension is generally part of DUI consequences, and may last upwards of 90 days.

If a DUI conviction ends in jail time, your employer may find out since you will not be present at work.

Your employer can also find out about a DUI if they periodically run background checks of current workers. Rescreening happens in some industries and may reveal a recent arrest or conviction.

You can’t guarantee that your employer won’t find out about a DUI in Washington, even if you are already hired. Even if they don’t find out by running another background check, they might learn about it through word of mouth.

Can a Future Employer Find Out About a DUI in Washington?

Suppose you are currently applying for jobs in Washington and have a DUI on your record. In that case, you may be concerned about a prospective employer discovering that conviction, especially if it occurred far in your past and doesn’t accurately reflect who you are today.

Unfortunately, prospective employers can, and often do, find out about DUIs and any other convictions on a job applicant’s criminal record at some point during the hiring process. Job applications often ask applicants to note if they have a criminal record, and if so, what crimes they have been convicted of. Lying on a job application about not having a DUI or other convictions is never a good idea, as your criminal history will be revealed by a background check.

Employers may only decide not to hire an applicant because of a DUI if they have a good-faith belief that the conviction will impact their ability to perform their job or if they have another legitimate business reason, according to the Fair Chance Act. The Fair Chance Act also only lets employers ask about criminal history and run background checks after determining if an applicant qualifies for the position.

Do I Have to Tell My Employer About a DUI?

Some companies require employees to disclose a DUI arrest or conviction to an employer after it occurs. You may have to tell your employer about a DUI if driving is part of your job responsibilities or your contract requires disclosure of an arrest for any reason.

If disclosure isn’t mandatory, you do not have to discuss the DUI with your employer. You may not serve any jail time at all for an initial DUI charge and conviction, so it may not significantly impact your work life.

You shouldn’t lie to an employer if they ask you about a DUI, but you also don’t have to discuss the details with them.

Your employee contract may require disclosure after any arrest, not just a DUI, and failure to disclose might lead to termination.

Can I Vacate a DUI Conviction in Washington so My Employer Doesn’t Find Out?

Washington is very strict about penalizing defendants convicted of DUIs, and does not allow defendants to vacate convictions from their records, no matter how much time has passed. Expungement isn’t possible for DUI convictions, so handling the case intentionally from the outset is crucial to avoid a conviction or reduce the charge.

RCW 9.96.060(2)(d) explicitly excludes DUIs from expungable misdemeanor charges in Washington. A DUI conviction will remain on your record for the rest of your life, meaning any future employer could see it. Because of this long-term consequence, you must prioritize your defense immediately and can contact our DUI defense lawyers for help.

Some prosecutors agree to reduce charges after an initial DUI arrest, allowing defendants to plead guilty to reckless driving or negligent driving in the first degree to avoid a DUI conviction. Plea deals let prosecutors avoid trials and move forward with other cases, and we can see whether there is room to negotiate a plea deal that benefits you in the long run.

Who Else Can Find Out About a DUI in Washington State?

Virtually anyone can find out about a DUI in Washington, whether that’s a property manager running a background check for a rental application or any interested party with access to public records.

While a DUI will most likely affect your employment most of all, it may also compromise rental applications, come up during custody or divorce proceedings. You may not be able to get certain licenses because of a DUI, and you could even lose your current job.

Call Today About DUI Charges in Washington

Call the Law Offices of Smith & White’s University Place, WA DUI defense lawyers for help with your case at (253) 203-1645.