Michalk, Beatty & Alcozer, L.P.


Does a DUI arrest stay on my record?

Texas residents may not think much of having a few drinks and getting behind the wheel. Unfortunately, that one decision has the possibility of ruining a drunk driver's life, both in the short term and the long term. Much has been said previously about the penalties associated with a DUI conviction-license suspension and fines and the escalation of penalties with multiple offenses. But many people may not understand the long term consequences of a DUI in their background.

Many employers decide to run background checks on potential employees. This decision can depend on a number of factors, including the type of job the person has applied for. The way the check is handled determines whether the DUI appears in the background check. Both state and federal law govern this area.

As per federal law, which applies to background checks conducted not conducted in-house but by outside companies, criminal arrests cannot be reported after seven years but a criminal conviction can be reported indefinitely. These reporting restrictions only apply to companies within a specific salary range. Many states have laws allowing companies to refuse employment to someone who has a conviction record, while many others allow a refusal on the basis of an arrest.

It is important to take DUI/DWI charges seriously-they have the ability not only to affect one's employment in the short run by making it harder to get to work for a couple of months, they also have the ability to severely limit the scope of one's employment path. It may be beneficial to consult an experienced attorney on how to go about defending oneself against such charges.

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