Brooklyn, NY asked in DUI / DWI and Employment Law for New York

Q: Got offer letter from a spirit job & signed it. then they gave me a background check which fail due to dui 5 years ago.

Is there anything I can't do. It's 5 years ago that I got that misdemeanor.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:

Review the Offer Letter and Company Policy: Check the details in the offer letter and the company's policy regarding background checks and criminal records. Some companies have specific guidelines about the types of offenses that may affect employment.

Disclose and Discuss: If you didn't disclose your DUI during the initial application process and it's come up in the background check, it's important to be open and discuss this with the employer. Explain the circumstances and highlight any positive changes or rehabilitation efforts since then.

Legal Consultation: Consider consulting with an employment attorney or a lawyer specializing in DUI cases. They can provide advice on your specific situation, including any legal protections or rights you might have under New York employment laws.

Expungement or Sealing: In some cases, it might be possible to get a DUI conviction expunged or sealed, which means it won't show up in a background check. The laws vary by state, and an attorney can advise you on whether this is an option in New York and the process involved.

Mitigating Factors: Gather any mitigating factors or evidence of rehabilitation, such as completion of a DUI program, community service, or any other positive steps taken since the conviction. This can sometimes persuade an employer to reconsider.

Alternative Opportunities: If the DUI is a deal-breaker for this particular employer and they are unwilling to reconsider, you may need to look for employment opportunities where a past misdemeanor DUI would not be a significant issue.

Know Your Rights: Familiarize yourself with your rights under the Fair Credit Reporting Act (FCRA), which requires employers to provide notice and obtain consent before conducting a background check, and to provide notice if the background check is the reason for adverse employment action.

Remember, each situation is unique, and the approach can vary based on the employer's policies, the nature of the job, and the specifics of your case. Legal advice is highly recommended to navigate this situation effectively.

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