Will a pending DUI show up on a background check when my driving record is run?
I recently pleaded guilty to a DUI in Illinois, but have not yet been sentenced. I am trying to get a job in the automotive field. Is it possible this DUI that is only pending will be part of my record already?
State, Local, and Municipal Law Attorney
The guilty disposition for DUI may not show up yet on your driving record. However, the DUI arrest in Illinois and statutory summary suspension that accompanied the DUI will definitely show up. Even if the Special Supervision Services was rescinded, it remains on your record as "rescinded" SSS. Hence, the employer will know there was an arrest for DUI if they pull your driving record. You can expect an inquiry about the arrest - and the outcome.
Criminal Defense Attorney
Whether your DUI appears on your driving abstract will depend on the period of time between your plea and the review of your record. It will take some time for the clerk to report the disposition to the secretary of state. If you have not been sentenced yet, the DUI probably will not appear on your abstract yet. However, the DUI will appear whether it is a supervision or not. If you were served a notice of a summary suspension, this will appear also even if the summary suspension was rescinded. If the potential employer searches the clerk's records, your case is open to the public and will be discovered.
An arrest on an unresolved ticket never shows up on the driving abstract. For a first time DUI offender the statutory summary suspension only shows up on the public abstract during the time it is in effect. Once the suspension ends and you pay the fee, your DUI in Illinois no longer appears on the public record, although the court purposes abstract will show it forever.
If you receive court supervision, that will not appear on the public record but will remain on the court purposes record forever.