I'm being turned down for jobs left and right for a old dui, these job DO NOT require me to drive. Am I misunderstanding the law

Asked over 1 year ago - Tacoma, WA

I'm a carpenter, I typically work in mill work settings. I don't drive, I don't go to construction sites, etc. I've applied to over 400 companies, only 19 have called back., only 2 have interviewed me after being told I'm a PERFECT fit. I fully disclolse my 2009 DUI and then BAM i'm no longer qualified. I asked why that was (because I was just a perfect match until the DUI thing came up) and they just tell me "we've decided your record is an issue for us" So I asked what a old DUI has to do with a job I'm NOT required to drive for, there fore doesn't have any impact on the company...they wont answer. I've read that your record can't be held against you only if your conviction is related to the duties and responsibilities of the job you are seeking and in these cases it's not.

Attorney answers (6)

  1. Scott Weymouth Lawrence

    Contributor Level 18

    14

    Lawyers agree

    Answered . This is exactly the reason that I and my fellow colleagues on this site continual warn against pleading guilty for criminal offenses, ESPECIALLY DUI. You can never remove a DUI conviction from your record AND it can affect your ability to do many things for the rest of your life.

  2. Thuong-Tri Nguyen

    Contributor Level 20

    12

    Lawyers agree

    Answered . I am not aware of any law in WA that would prohibit an employer from considering a prospective employee's criminal law history in deciding whether to hire the person. The City of Seattle was considering passing such a law but has not done so.

    There may be be other states that have such laws.

    In WA, the default employment relationship is at-will. Either the employer or the employee can end the employment relationship at any time for any reason with or without notice. The employer is prohibited from committing unlawful discrimination (such as based on the employee's race or service of jury duty).

    Employers are generally free to hire whom they wish as long as the decision is not made based on unlawful discrimination. Drunk drivers are generally not a protected group.

    You likely need to convince prospective employers that your criminal law history is not indicative of who you are today.

  3. Vitaliy Kertchen

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . You read incorrectly. An employer can freely choose not to hire you because of criminal history, regardless of that history's nexus to the job duties.

  4. James D. Laukkonen

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . A 2009 conviction is not that old. Generally speaking, in this economy employers have far more willing and capable applicants than they have positions. This means that they can be incredibly choosy about which people they hire. The Washington State chapter of the ACLU has created a handout with the answers to many frequently asked questions regarding criminal history and employment. I have linked to it below. You might also look to the state Human Rights Commission for more information.

    http://www.aclu-wa.org/sites/default/files/atta...

  5. Michael R Crosner

    Contributor Level 20

    8

    Lawyers agree

    Answered . I suggest that you consult with a local WA criminal attorney so you can be informed if your DUI can be expunged. If so, depending on the employment application and the laws of WA. you might not have to real the conviction. I am a California attorney & am not familiar with WA criminal law. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Charles K. Kenyon Jr.

    Contributor Level 20

    6

    Lawyers agree

    Answered . The laws in each state differ. You should know that some companies are precluded from hiring people with a DUI conviction by their insurance carriers.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

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