Question about background check (DUI)

[sjinhan]

hey I was charged with DUI few weekends ago because i was parked and asleep in the car with the car engine running...

the lawyer that i hired at least seems to tell me that i have good chance of getting the charges dropped or reduced...

well my problem is that I am about to start work and i know they will be performing a background check on me.

I passed their initial background check when i got hired and I think they will be performing another one when i start to work for them.

So my question is that when my company perform their background check on me, will they see a DUI charge that is pending or will they not see anything until i am found guilty or not guilty of the charge.

[E-Dog Night]

I don't think so, but it's really a matter of how thorough the background check is. Legal proceedings in criminal cases are generally a matter of public record, but I'm guessing (I have never actually performed a background check before) that they will just check if you have been convicted of anything.

If your case has not gone to trial or if a hearing on it has not yet been scheduled, it seems unlikely that your employer would find out about it, unless you are applying for a top secret job in the Dept. of Homeland Security or something like that (they check everything). But in any event, there's no use worrying about it. It's out of your hands now.

Good luck!

[SoCalSkins]

They can't fire you for being charged with a crime. There is still a presumption of innocence in parts of this country.

[RyansRangers]

Originally posted by E-Dog Night
I don't think so, but it's really a matter of how thorough the background check is. Legal proceedings in criminal cases are generally a matter of public record, but I'm guessing (I have never actually performed a background check before) that they will just check if you have been convicted of anything.

If your case has not gone to trial or if a hearing on it has not yet been scheduled, it seems unlikely that your employer would find out about it, unless you are applying for a top secret job in the Dept. of Homeland Security or something like that (they check everything). But in any event, there's no use worrying about it. It's out of your hands now.

Good luck!

Background check are generally done through firms that only check public records like E-dog said.. So you will be fine since nothing has been recorded yet

[Obibyn23]

As long as its not a felony, I dont think that information is that easy to get. Thats coming from a guy with 2 dwi's on his belt (one guilty verdict, one not guilty verdict). Besides its just a dui (the lesser) im sure if it was a problem its nothing a little explaining couldnt fix.

[kappaluvacee]

I'm going to preface this by saying you should only accept legal advice from a licensed, practicing, attorney in your state. With that said I do work as a criminal justice planner in my state and the skinny on background checks in most sates is as follows:
The minute you are charged with a crime it is visible to certain Crime Reporting Agencies. If your job performed an initial background check before allowing you to advance in the hiring process \ they informed you that you will be required to take another screen upon accepting the position leads me to believe the background screens are required for more intensive purposes than usual. Think about the job you are applying for. If it is a retail store they aren't doing the most extensive checks of the crime reporting databases; but if you are applying for a job that requires you have your prints taken by a state identification agency they are doing the most extensive background check available. The jobs that require you to have your prints done receive a full report of your criminal history, minus your juvenile record unless you are applying to a criminal justice related agency (they get it all - that phrase "juvenile records are sealed" is a myth). As per the members of this board that state a DUI is a misdemeanor or a lessor crime, that is incorrect in my state and many other jurisdictions. A DUI is a traffic felony; hence it has a mandatory jail sentence upon a conviction. DUI's are classified differently in various jurisdictions so find out the facts for yourself in that department. As for your lawyer saying that you have a good chance of getting it dropped, he's being partially honest with you. Your good chance of getting it dropped typically consists of hopes that the arresting officer will not show up for the trial. It happens, but that is truly a gamble. The fact that you were in the car, with the motor running (I'm assuming in driver's seat) demonstrates to critical things required for a successful prosecution: 1) the fact that the car was running with you in position to operate it proves your intent to operate the vehicle. 2) You being passed out provided their probable cause to pursue the DUI testing process for which you failed if they charged you with it.
You have done the correct thing thus far in retaining a lawyer; now make him/her earn their peanuts. Most places have a first-time-offender program where they suspend your license for a certain period of time in exchange for a suspension of the mandatory jail time. Most programs also offer some form dilution of the original charge for a successful discharge without further incident.

[sjinhan]

Originally posted by kappaluvacee
I'm going to preface this by saying you should only accept legal advice from a licensed, practicing, attorney in your state. With that said I do work as a criminal justice planner in my state and the skinny on background checks in most sates is as follows:
The minute you are charged with a crime it is visible to certain Crime Reporting Agencies. If your job performed an initial background check before allowing you to advance in the hiring process \ they informed you that you will be required to take another screen upon accepting the position leads me to believe the background screens are required for more intensive purposes than usual. Think about the job you are applying for. If it is a retail store they aren't doing the most extensive checks of the crime reporting databases; but if you are applying for a job that requires you have your prints taken by a state identification agency they are doing the most extensive background check available. The jobs that require you to have your prints done receive a full report of your criminal history, minus your juvenile record unless you are applying to a criminal justice related agency (they get it all - that phrase "juvenile records are sealed" is a myth). As per the members of this board that state a DUI is a misdemeanor or a lessor crime, that is incorrect in my state and many other jurisdictions. A DUI is a traffic felony; hence it has a mandatory jail sentence upon a conviction. DUI's are classified differently in various jurisdictions so find out the facts for yourself in that department. As for your lawyer saying that you have a good chance of getting it dropped, he's being partially honest with you. Your good chance of getting it dropped typically consists of hopes that the arresting officer will not show up for the trial. It happens, but that is truly a gamble. The fact that you were in the car, with the motor running (I'm assuming in driver's seat) demonstrates to critical things required for a successful prosecution: 1) the fact that the car was running with you in position to operate it proves your intent to operate the vehicle. 2) You being passed out provided their probable cause to pursue the DUI testing process for which you failed if they charged you with it.
You have done the correct thing thus far in retaining a lawyer; now make him/her earn their peanuts. Most places have a first-time-offender program where they suspend your license for a certain period of time in exchange for a suspension of the mandatory jail time. Most programs also offer some form dilution of the original charge for a successful discharge without further incident.

yeah you are right... the lawyer said the probability of getting the charges dropped or reduced will depend a lot on the police officer and the prosecutor but he said there were some details to my case which he feels he could "work" with if my case does go to trial....

i think my job does put me in a situation where i might be driving a company vehicle so the background check is mainly for insurance purposes... hopefully it wont show up when i start to work.

i guess its tough way to learn that one wrong decision could really take everything away from you. 5 days after graduating from grad school, i make a mistake and now i am fighting for a life that hasnt even started...

cant even imagine trying to find a job again....

thanks for your inputs...

[Cskin]

When wanting to sleep off a drunk in your car.... always throw your keys in the backseat or passenger seat floorboard. It's the perceived "intent to drive" that constitutes a DUI charge. If you had thrown them in the backseat you could have testified that you threw them in the backseat so as to not be able to place them in the ignition and drive away. It shows a level of coherent behavior that would make it difficult of authorities to prosecute for DUI. Just a suggestion.

Don't put them in the console, or throw them in your own floorboard... place them out of arm's reach.