Phone: (435) 628-4411
Individuals facing DUI charges in Utah often have questions about potential jail time, fines, and a driver’s license suspension. Additionally, many are concerned about whether a DUI will show up on a background check. The short answer is yes—a DUI conviction will almost certainly appear on a background check and could create obstacles for future employment opportunities. Understanding exactly what will appear and how long it will remain on your criminal record is essential for anyone facing DUI charges in Utah. Experienced legal counsel can reduce the likelihood of a DUI conviction and minimize the impact of a DUI charge on future employment prospects.
Criminal convictions appear on most background checks. Many employers conduct a background check on potential employees as part of the job application process. In addition to information about schools you attended, previous jobs you held, your credit report, and your driving record, your criminal history will also be available. A criminal background check typically includes not only convictions, but also arrests, even if you were ultimately not charged with a crime.
Employers vary widely in whether they conduct background checks and which infractions will disqualify an applicant from consideration. Minor offenses are often overlooked, but misdemeanors, including DUIs, are often reported and could influence hiring decisions.
Under Utah Code §34-52-201, a public employer cannot disqualify a potential employee based on a past criminal conviction. Nonetheless, many employers require that job applicants have no recent convictions, and employers in certain fields may scrutinize an applicant’s criminal history more carefully than others.
Under Utah law, Commercial Driver’s License (CDL) holders are prohibited from driving a commercial vehicle for 1 year after a first-time DUI conviction. This applies even if the CDL holder was driving a personal vehicle at the time of the arrest. Many trucking companies have internal policies stating that commercial drivers with a DUI conviction will not be hired unless the conviction is 5 to 7 years old.
A DUI conviction can have serious implications for licensed professionals across diverse fields. Utah’s Division of Professional Licensing oversees approximately 60 categories of professional licenses. Although a DUI does not automatically exclude an individual from professional licensure, a DUI charge may be viewed as evidence of poor judgment or raise concerns about addiction, substance abuse issues, or concerns about moral character. Some professions require that professionals report arrests or convictions within a specific timeframe, and failure to do so could lead to additional disciplinary action separate from the DUI charge.
Usually, you are not required to tell your employer about anything that happens outside of work. Nonetheless, some employers have internal policies regarding background checks and crimes committed by employees. Many employers have policies requiring a background check before hiring a new employee, particularly if the employee will handle sensitive information, operate heavy machinery, exercise professional judgment, or work with children.
In some situations, these requirements apply only to a criminal conviction, not to an arrest. But some occupations, notably commercial drivers, transportation workers, and certain licensed professionals, might be required to report a DUI arrest.
In Utah, a DUI conviction stays on your criminal record and will appear on a criminal background check for at least 10 years. You can apply for criminal record expungement 10 years after completing all probation and other penalties. Unlike many other crimes, a DUI is not eligible for automatic expungement under Utah’s Clean Slate law. Instead, you must actively seek to have your criminal record expunged.
Hiring experienced legal counsel to fight a DUI charge is a crucial step towards minimizing the impact of a DUI charge on your future career prospects. In many cases, an experienced DUI defense attorney can negotiate a plea to a reduced charge, which can help you avoid some of the most severe consequences of a DUI conviction. Even though the arrest record might still appear on a background check, the plea to a reduced charge can change the type of conviction, which might mean you do not need to report it or could make the charge appear less severe to a potential employer.
Terry Law is the longest-serving criminal defense firm in St. George and has been representing individuals charged with DUI and other crimes in Southern Utah since 1983. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide. Contact our office to schedule a confidential appointment to discuss your situation and how we can assist you. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.
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