Do I need to disclose on a job application a DUI that I was not and never will be convicted for?

Asked over 1 year ago - Dallas, TX

I am applying for a gov't job in Texas (education). The app asks me if I have ever been convicted of, admitted guilt to, or if I am currently awaiting a court trial for a crime beyond that of a minor traffic violation, even if it was later dismissed. I didn't think so, and this is why.. About two years ago when I was 20 I was at dinner with my parents. I had a bit of my fathers beer (this is legal in Texas) and then drove home. I was stopped by a policeman for driving up a one-way street and was given a DUI after blowing a .01 He did not give me a ticket for the traffic violation but did for the DUI due to zero tolerance. The officer did not show up to court and the case was entirely dropped.

Will this show up in a background check? If so, did I answer the disclosure question truthfully?

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It could show up on a background check, but I agree with my colleague that you can answer no to that question. You may want to get the DUI expunged at some point to fully protect your record.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Joseph Francis Vinas

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You need to apply for an expunction ASAP. The process takes a few months. You may be able to get the arrest totally removed from your criminal record. That way when the school district looks up your record, and they will, even the arrest will be gone.

    Joseph Vinas answers questions on Avvo, but those answers do not establish an attorney/client relationship.... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The prior DUI does not seem to meet the definition of matter that the prospective employer has instructed be disclosed. So, even if the fact of the offense shows up on your State or NCIC record of criminal history or driving, as is likely, it will not be considered in determining your suitability and eligibility for the position you are applying for.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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