Why don’t I have to check the “convicted in the last 5 years” box on a job app when I had a DUI conviction?

I had a DUI a few years ago and served my time, community service, etc. The lawyer told me that the matter was closed and I wouldn't have to report it to employers; why not? I know it was a misdemeanor but I thought a conviction was a conviction. Why is this different? ...





I had a DUI a few years ago and served my time, community service, etc. The lawyer told me that the matter was closed and I wouldn't have to report it to employers; why not? I know it was a misdemeanor but I thought a conviction was a conviction. Why is this different?

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7 Responses to “Why don’t I have to check the “convicted in the last 5 years” box on a job app when I had a DUI conviction?”

  1. DocoMyster says:

    If you value the job you are applying for, I would recommend telling the truth on the job application. If you fail to indicate the conviction as directed by the application, and the company you are applying to learns of the conviction (and they probably will since that entry indicates a pending criminal history background check anyway), your chances of getting the job are very low. You could request for your conviction to get expunged through the court that filed the conviction. Those requests are usually granted after 7 years, provided there were no other infractions after the original conviction. I hope this helps.

  2. curiositycat says:

    Make certain what the employer is asking-most times they list whether they mean misdemeanor or felony. I’d mark it and then write (DUI –closed) on the side. If they do a background check, then they know you are honest.

  3. Susanne R says:

    Misdemeanor — it is handled different.

    Be glad, your lawyer also told you so, why WORRY about it!

  4. scrambledmolecues says:

    when they ask for your convictions, they are looking for felony convictions( robbery, murder, assault, theft over 300.)

  5. jslewis81 says:

    Your lawyer lied, you messed up got your punishment and now you have to live with it, but as long as you are truthful with your employer about it and very sorry about it (don’t come up with excuses) you should be good

  6. Alisha T says:

    Because usually when an employer asks this they mean "convicted of a crime other than a traffic violation." I know this is more than a traffic violation but usually the first DUI is not a felony, so they tend to treat it as more traffic and it is a misdemeanor.

  7. dannyl410 says:

    Check and see if your sentence was Suspended Imposition of Sentence or Suspended Execution of Sentence.
    An SIS, after you have completed all your sentencing requirements (time, community service, probation etc) you wouldn’t have to, because if you completed your program as directed then it would be "sealed".
    However if it’s an SES it wouldn’t matter you would still have to report the conviction.

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