I had a dui 4 years ago but was not convicted ,i got a traffic enfrachement ,i am going for a job interview on monday will this

Asked almost 3 years ago - New York, NY

show up on a back ground check

Attorney answers (4)

  1. Richard C. Southard


    Contributor Level 19

    Answered . It depends on the background check. The DWAI infraction does not seal. However it is not a criminal conviction therefore you have no criminal record. If asked whether you have been convicted of a crime, you can legally answer no to that question. The best advice anyone can give you is to be honest about it. The prospective employer may ask for more info about the incident. Admit it and show how you've moved on since then.

  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . It may show up because a conviction to VTL 1192.1 (the traffic infraction) does not seal. However, it is not a criminal conviction.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Carl Scott Spector


    Contributor Level 11

    Answered . This is a very good and common question that I get quite often in that I handle a great many DWI cases in both New York and New Jersey. Since your prior case resulted in a conviction for a traffic infraction and not a crime, if your prospective employer does uncover the conviction it does not seem likely to affect your employment possibilities. However, depending on how extensive the background search is will depend on their ability to see the case. It will also depend on your prospective employers sensitivity to your record.

    Good Luck-

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more
  4. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation. Different firms do different types of checks so it is hard to know. If you're worried since you don't know what to say, why not wait to see if they bring it up or ask you a direct question. If so, don't lie and embrace the good that has come from it. They might be more impressed with that than with someone who has not learned anything.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply but you can contact me as indicated below.

    Complimentary phone consultations
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)

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