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  • 12 year old DUI block employment?

    I received a DUI 12 years ago. I currently have a valid drivers license with no restrictions. Can a prospective employer legally deny me employment for this reason. It is not a driving job but may require the use of company vehicles. Do I have to mention this on my application?

  • #2
    You need to tell us what state you are in. Different states may have different rules. Were you convicted? Did you plead guilty or no contest?

    As a general principle, you need to respond to every question on an employment application truthfully. Hedging, lying or omitting relevant information is grounds for termination, even if only discovered after years on the job.
    While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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    • #3
      California.
      I am not sure if there was a question asked that required my telling them I have a 12 year old DUI.
      My DUI ended in a conviction and I have no question concerning the DUI process.
      I would like to know if a prospective employer can deny me for a 12 year old DUI.
      Is there a law that protects me from such a old offense?
      There has to be a limit to punishing a person for their mistake.
      No one was hurt or killed, just a simple 12 year old DUI that has been taken care of.

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      • #4
        Law Firm Business Manager - the OP did in their first post list their state under
        their name & join date.

        Per my reference re convictions Ca. - Employers may ask about convictions
        except ones that have been sealed, expunged, or statutorily eradicated.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Not what you asked but if you try to write it off as no big deal to a future employer, I can pretty much guarantee that you just talked yourself out of a job. A DUI is serious, no matter how you try to sugar coat it. Just because you got lucky and didn't kill anyone doesn't mean your future employer is going to gladly hand over the keys to the company vehicle.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD View Post
            Not what you asked but if you try to write it off as no big deal to a future employer, I can pretty much guarantee that you just talked yourself out of a job. A DUI is serious, no matter how you try to sugar coat it. Just because you got lucky and didn't kill anyone doesn't mean your future employer is going to gladly hand over the keys to the company vehicle.
            This discussion isn't about my interview skills. Please refrain from filling the post with comments not designed to answer the question. I'm not here to speak on anyone's moral values to include my own as it pertains to a DUI conviction.

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            • #7
              Can anyone tell me if there is a law that addresses OLD DUI convictions. In this case a 12 year old conviction is legal grounds to not hire?
              There has to be an end to being punished for this mistake?

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              • #8
                Your legal obligations relating to the DUI have ended. That doesn't mean others have to ignore it. If the employer lets you drive their cars, their insurance rates could go way up. Whether they personally object to your record or not, it would likely cost them money. Companies just can't take on that potential liability.
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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                • #9
                  There are a limited number of municipalities in California which prohibit employment discrimination based on criminal history. If you seek a job in one of these municipalities, then the 12 year old DUI should not matter.

                  If, however, you are not fortunate enough to seek a job in an area with a local ban, it could matter. Some employers check the entire criminal history, irrespective of when the offense allegedly occurred or even if the offense resulted in a conviction. Other employers restrict their inquiries to more recent offenses (e.g., last 10 years) and/or only to convictions.

                  At bottom, except for the jurisdictions with local bans, an employer could legally decide not to hire you based on a 12 year old DUI conviction. The vast majority of employers in California can lawfully decide to “punish” you for “this mistake” by not employing you.

                  If you do not think this is fair, you should lobby your legislators and urge them to pass state-wide legislation prohibiting discrimination against ex-offenders. Seriously!

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                  • #10
                    It would be the employer's decision whether to hire you or not.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Originally posted by vinson View Post
                      This discussion isn't about my interview skills. Please refrain from filling the post with comments not designed to answer the question. I'm not here to speak on anyone's moral values to include my own as it pertains to a DUI conviction.
                      Wow.

                      Was going to help but not after this. Enjoy your interview.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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