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DUI in GA in 2002 (over 5 years ago). Still considered a crime by employers or time has passed to let it go?

Atlanta, GA |

I got a DUI in 2002. A new employer is running crimal background check on me (which is fine - only have DUI charge) but do i have to say "yes, i committed a crime". I was told that after 5 years it comes off your record? I don't want to look like I am hiding anything from the new employer.

Attorney Answers 4

  1. Best answer

    A DUI is a misdemeanor. If you are asked "have you ever been arrested?" the answer is yes. If you are asked "have you ever been arrested for a felony?" the answer is no. If you are asked "have you ever been convicted of a crime?" the answer is yes.

    You can get a copy of your own criminal history by going to a police precinct or sheriff's office with your photo ID. Then you will see what employers see in a background check and answer appropriately.

    Unfortunately, a DUI never comes off your record. An auto insurer may not look at your driving history more than 5 years back, but this conviction will follow you forever.

  2. A DUI will not come off your record. It's not a like a speeding ticket. However, it depends on who your prospective employer is--many times when an employer runs a criminal background check they are only entitled to check for felony convictions. However, if the prospective employer is part of the Federal or State Government, then they may be entitled to see more. Usually honesty is the best policy when it comes to job interviews. If you decide to tell your prospective employer maybe the way to handle it is to tell them all the things that you have done to correct a prior mistake [DUI School, Drug and Alcohol Evaluation and Counseling, etc.].

  3. Any criminal background check will reveal a DUI conviction, no matter how old it is. But as for truthfully answering the question asked, it depends on how it is worded. Read carefully to see if you must disclose this misdemeanor offense.

  4. Your reply depends upon how the queries are phrased. The answer is yes if the question is have you ever been arrested. After the arrest, you have been charged with a crime but are not convicted until you are found guilty. A "DUI" never comes off your record

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