How Long Does a DUI Stay On Your Background Check?

Cindy Ellis - August 30, 2022

Not everyone has a completely clean driving record, but for the most part, minor traffic offenses and accidents won’t show up on a background check. However, more serious driving offenses such as a DUI can show up on background checks and interfere with your eligibility for certain employment opportunities.

It is important to know whether or not a DUI you have received in the past can end up on your background check report. It is especially helpful if you want to understand your potential employment opportunities and challenges when background reports are run on you.

Our article gives you the rundown on everything you need to know about DUIs on your background check and certain employment considerations for when you have a DUI on your record. We also answer your frequently asked questions about DUIs and background checks.

How Long Does a DUI Stay On Your Background Check?

DUIs are one of those things that many employers look for on a background check as part of determining your eligibility for certain positions or occupations. DUIs tend to stay on background checks for a long time, as they are often a part of a criminal record. However, how long a DUI stays on your background check depends on the state that you live in and the specific laws governing the length that DUIs stay on public records.

That being said, most states mandate that DUIs stay on your record for large spans of years, such as 70 to 80 years. This virtually means that a DUI conviction will be on your record for life and will appear every time a background check is performed. For the specifics of how many years a DUI will stay on your record, you should be searching the public record information according to your state.

It is also important to note that some states prohibit the disclosure of misdemeanor DUIs after a certain amount of time or after a record has been expunged. Felony DUIs are much more difficult to remove from your background check and are the most likely to stay on for life.

Different Types of DUIs

Any type of convicted DUI (this means a DUI that has a case and a resulting conviction) can show up on your background check, but there is a difference between misdemeanor and felony DUIs. Misdemeanors are typically first offenses and result in a year or less in jail, plus up to $1,000 in fines, while felonies result in more than one year in jail or prison and thousands of dollars in fines.

It is important to understand which you have on your record, as employers may be more forgiving depending on the type of DUI conviction and its penalties.

Can You Keep a DUI Off Your Record?

In certain cases, DUIs can be expunged off of your record, meaning that they can be dropped from your criminal record and sealed so that you can truthfully report to employers that you don’t have a criminal record (barring any other types of convictions that you may have). However, the eligibility for expunging a DUI can be strict, and most states will not expunge a DUI from your record that you have been convicted of and have served time for.

If you received a DUI and were acquitted, there is a chance that this can be expunged from your record. The process to inquire about this involves filling out an application specific to your state (you can search your state’s court websites for information about this) and then appearing in front of a judge to request the expungement. After your court appearance, the judge will determine whether or not the DUI will be dropped from your record.

For questions about the expungement process or help with determining if you are eligible to have a DUI removed from your record, you should contact a legal professional in your area who specializes in DUIs and similar convictions.

Employment Considerations for DUIs

Having a DUI appear on your record can ruin your chances for employment in certain professions or the chance of obtaining specific professional licenses. However, when you are applying for a job or when an employer looks over your background check report, there are some important considerations.

Employers may make employment decisions based on the duties of the position you are applying for, whether or not you will be required to drive a vehicle, and if you will be working with vulnerable populations or around alcohol.

Employers may also consider the severity of your DUI (i.e., a misdemeanor versus a felony charge), whether or not a rehabilitation program was attended, and the age of your DUI—often, DUIs obtained many years ago weigh less on employment decisions than more recent ones.

FAQs About DUIs on Background Checks

A DUI on your background check can understandably raise many questions about navigating employment opportunities or other professional matters. We answer your frequently asked questions about DUIs on background checks below.

Do DUIs Show Up on Non-Criminal Background Checks?

DUIs can show up on any kind of background check, regardless of whether your employer is running a criminal or a non-criminal background check. You should keep in mind that federal or serious in-depth criminal checks are also likely to turn up DUIs that may have been expunged from your record or DUIs that had a case without a conviction. These reports typically don’t appear on basic background checks but are sometimes still available through public record searches.

Do DUIs Without a Conviction Show Up on Your Record?

DUIs that you have had a case for and had to appear in court about, but were ultimately not convicted for, are unlikely to show up on your criminal record or a general background check. However, these cases might appear if your employer is running a seriously in-depth background check or you are applying for a federal/government position.

Will a DUI Cause You to Fail Background Checks?

A DUI on your record can cause you to fail a background check with an employer. This is because a DUI counts as part of a criminal record. However, more and more employers today are removing the screening process that automatically denies a potential candidate based on their criminal history. Instead, some employers will even take into account the type of DUI and when it was obtained before making a final decision on employment.

Are Drivers With DUIs Eligible to Be Hired?

If you are interested in employment as a commercial truck driver or want an occupation that involves a heavy amount of driving, you may be wondering if a DUI on your record completely removes this possibility for you. However, whether or not you are eligible to be hired as a driver with a DUI depends on the employer’s specific policies and certain state laws. Check with the employer in question and research employment laws in your state for answers relevant to your situation.

Do ‘Ban-the-Box’ Laws Affect DUI Convictions?

Ban-the-box laws are a set of laws that restrict when and how employers ask questions about previous arrests or criminal history on job applications. The goal of the law is to stop automatic screenings that discount individuals with criminal histories on their background checks and make the hiring process more forgiving to those with records. Ban-the-box laws differ from state to state, and some prevent employers from asking about criminal histories until after interviews or a conditional offer of employment. There are also certain exemptions for ban-the-box laws when it comes to federal jobs, security jobs, or jobs that work with vulnerable populations.

Because DUIs are counted as a criminal offense in most cases, they are included in ban-the-box laws. For the specifics of what employers are allowed to ask on job applications and after conditional offers of employment, research your state’s employment laws and determine if ban-the-box laws are in place.

Can a Potential Employer Run a Background Check Without Prior Consent?

No, it is actually illegal for a current or potential employer to run a background check on you without your prior consent or knowledge. The good news about this is that it allows you to run your own checks on yourself first before applying for a position, so you’ll have an idea of what will come up. Then you can practice addressing any possible issues in an interview or application to help prepare.

Understanding DUIs and Background Checks

Receiving a DUI on your record can seem like the end of your employment or professional opportunities to some, but it doesn’t have to be. While it is true that most states require DUIs to stay on your record for life, there are often chances to have misdemeanor DUIs expunged or DUIs that result in a non-conviction to be removed from your record. Furthermore, many states and cities are adopting ban-the-box laws, allowing a fairer hiring process.

Once you are convicted of a DUI, it will likely appear on your background check for a long time, but that doesn’t mean you need to give up hope. Additionally, research the specific laws governing the length of DUIs on background checks in your state and look up employment laws for your locality, so you can be completely informed about what it means to have a DUI on your background check.