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  1. #1
    Join Date
    Jan 2012

    Default DUI Charge, No Conviction, Record Sealed - Will It Show Up on Background Check

    My question involves labor and employment law for the state of: Connecticut

    Over a year ago I was charged with DUI. Low BAC, I complied with everything the court required, completed my AEP and my record is sealed. According to DMV, I am awaiting disposition, which is set for February 15th. My attorney tells me this is NOT a conviction, I was not fingerprinted, nor did my insurance rates ever go up.

    I have been unemployed for 11 weeks now, and I just got an offer from my previous company to come back - contingent on the background check I submitted to this morning.

    Will this show up on the background check and/or affect my offer of employment? Also, approximately how long will it take to find out? I called the company that runs the check, they said the application I filled out online goes to the employer first and as of tonight had not yet been forwarded to them.

    Thanks for any help you can give me.

  2. #2

    Default Re: DUI Charge, No Conviction, Record Sealed - Will It Show Up on Background Check

    I hope you did not identify yourself when you called! Such a phone call alone may prompt a more extensive review of your criminal history.

    Whether your arrest and “non-conviction” resolution will come up depends entirely on the thoroughness of the background check requested by your former/prospective employer. Some employers only inquire about convictions. Others, however, inquire about arrests as well.

    In addition, I do not know what “sealed” precisely means in Connecticut. Does this mean the record of your arrest and the subsequent processing of your case has been “expunged”? You want to confer with your counsel to determine what the legal ramifications of your criminal records being sealed has on (1) the public’s access to your records and (2) your ability to “truthfully” deny the existence of the above-described charge when seeking prospective employment.

    Finally, is your employer a private entity or a government agency? Connecticut and thirteen other states ban ex-offender discrimination in public employment. Consequently, if you worked as a government worker and your DUI was unrelated to your job responsibilities, then your employer could not rely upon this charge to make an adverse employment decision against you. (In contrast, if the arrest was related to your government job, e.g., school bus driver, it could then conceivably and legally factor into an employer’s adverse employment decision.)

    For more general information on the sealing of criminal records and related issues, you may want to review the following article, "Is Your Criminal History Thwarting Your Job Search? How to Improve Your Employment Prospects", here.

  3. #3
    Join Date
    Jan 2012

    Default Re: DUI Charge, No Conviction, Record Sealed - Will It Show Up on Background Check

    Thank you. I did identify myself, because I had to in order for them to look it up. They said they hadn't received the form yet. All I said was that I was anxious to know if I got the job, so wanted to know how long it typically took. I don't know if that will get back to them or not, but the guy I spoke to sounded like he was in India, for whatever that's worth.

    A little more background - I am a re-hire for this company, so it's possible they may not submit the check anyway. Also, it's a private company, not government. And I spoke to my lawyer again, he said they are looking for much more serious things, and not to worry. The job application asks if you have ever been convicted of a felony, and since mine is neither a felony nor a conviction, I'm going to try to stop losing sleep over this!

    Thank you so much for your response.

  4. #4

    Default Re: DUI Charge, No Conviction, Record Sealed - Will It Show Up on Background Check

    You are welcome!

    You are right to stop worrying and sleep well. One, worrying almost never changes things for the better. Two, considering that the employer only asked about whether you have been convicted of a felony, you have not been convicted of a felony and you were (presumably) a former employee who left on good terms, I do not expect this dismissed charge will affect you adversely.

    Separately, as mentioned earlier, you should confirm with your counsel whether the “sealing” of your criminal records will have the effect of allowing you to “truthfully” deny ever being charged with this crime. (If sealing does not have this effect, then you want to ask your attorney whether you can take any action to have your records expunged.) While you will likely return to your old job without incident, you would want to not have to disclose the DUI arrest to any prospective employer in connection with any future job search.

  5. #5
    Join Date
    Jan 2012

    Default Re: DUI Charge, No Conviction, Record Sealed - Will It Show Up on Background Check

    I'm going to email him right now and see what next steps are.

    I was then starting to worry about my phone call to the background check company, but also I had to confirm with them that I put the correct SS# on there, because I accidentally at first put my ex-husband's ( old habits!) and wasn't sure if I submitted it before or after I corrected it, so hopefully no red flags are raised!

    I can't thank you enough, I feel much better today and can't wait to get back to work!

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