Eureka, CA asked in DUI / DWI for California

Q: Is it legal for a job application to ask me if I've ever been charged with a DUI? The job doesn't involve driving.

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3 Lawyer Answers
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: See: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/californiaarrestsandconvictions.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

David Dastrup
David Dastrup
Answered
  • DUI & DWI Lawyer
  • Torrance, CA
  • Licensed in California

A: Yes and no. It depends on private or government/security clearance, etc., type of job you are applying for.

Generally, they should be asking if you have a pending case or if you have been convicted. Being charged is different than being convicted, and different than being charged and later dismissed. So if your case was dismissed, then you can legally say "NO" in most situations.

Job applications may ask if you have been convicted of a crime, or if you have a pending case, and the vast majority of DUIs are crimes.

If an older case, you may want to consider seeing if you can get the conviction dismissed, which is possible especially if it was resolved with no probation violations. Once that is complete, then seek a new job at that time. If, however, you are in need of a job ASAP, best to avoid dishonesty--not just for personal integrity or moral reasons; but also to not put something in writing that could be used against you should an issue arise later--and seek opportunities that have potential given your particular set of circumstances.

Vincent John Tucci
Vincent John Tucci
Answered
  • DUI & DWI Lawyer
  • Irvine, CA
  • Licensed in California

A: I see no problem with any employer asking a potential candidate if they have ever been charged with a DUI. There is no law I am aware of that prohibits an employer from asking such a question. Additionally, I would ask that of any potential employee. However, remember there is a difference between being charged with a crime and being convicted of one. The great Johnnie Cochran had a saying that while you may guarantee that you would never commit a crime you can't guarantee that you may not be charged with one.

If you have a DUI conviction on your record already and that is why you are asking the question then contact us to get the conviction dismissed and clean your record. wwww.caduilaw.com. 949-872-2700

Vincent John Tucci

Braden & Tucci

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