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

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

Posted

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.

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Posted

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.

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Posted

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.

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Christine C McCall

Christine C McCall

Posted

Note: If notice of a state arrest has already been submitted to NCIC (FBI) by the state (usually within 7 - 10 days of the arrest), the federal agency will not remove the item from its records pursuant to a state court order. The federal agencies take the position that state court orders do not compel excision or deletion of any federally-maintained docs or records. Congress has not chosen to address this on-going and chronic issue. The question then is whether the arrest shows up on the asker's NCIC record. The asker can order a copy of the NCIC record through the FBI website. The next issue is whether the school district will review the NCIC record in addition to the state criminal history record. School districts that receive federal funds routinely review the NCIC record in their personnel and hiring processes, but a specific inquiry to the district may yield some worthwhile info.

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