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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


  1. 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 as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  2. 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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  3. 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. Please contact Mr. Vinas at (713) 229-9992 for a FREE CONSULTATION or visit his website at www.vgsfirm.com

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