The Philadelphia DUI Law Blog

Pennsylvania DUI and Employment Background Checks

If you have been convicted of a DUI in Pennsylvania, the residual effect may be the DUI showing up on employment background checks and hindering your chances of getting a job.

You hear a lot about minimum jail sentences and monetary fines associated with drunken driving convictions. However, these penalties usually only affect you for a short while.

In contrast, a DUI on your record could potentially impact you for the rest of your life.

Pennsylvania Laws Governing Background Checks

Generally, private employers may consider criminal and DUI convictions when making hiring and employment decisions as long as they don't target a particular protected class. In addition, private employers in Pennsylvania (unlike public employers) do not have to show a job-related reason to base an employment decision on a DUI conviction.

In other words, a public employer may have to show that a job involves driving to deny an applicant based on a DUI conviction. However, a private employer typically does not have to show this nexus.

Mandatory Searches for DUIs

In the previous section, we discussed the employer's right to conduct discretionary DUI background checks. However, in some cases, the employer may be required to conduct DUI checks. This may be true for workers in certain jobs like those that rely on driving, dealing with children, or helping the disabled.

Just because an employer must search for a DUI conviction, this does not always mean that they will disqualify you from a position. Still, it will likely make it harder to get the job.

Can I Clear My Record?

In certain circumstances, you may be able to expunge your DUI conviction from your records. This means that prospective employers conducting a background check will not see the conviction.

Expunging a DUI is very fact specific and is not available in every case. You will want to work with a Philadelphia DUI attorney to learn your options for expunging a DUI conviction.

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