For a defendant, the consequences of a DUI frequently come on gradually. You might initially only be concerned with keeping your license, avoiding jail time, and paying court costs, but there may be additional repercussions. While you might attempt to conceal your arrest out of concern for your reputation, your employer might eventually find out about your DUI. Even worse, if you are found guilty, it might have an adverse effect on your career and your future employment prospects.
Are DUI’s in California Public Records?
When a person is convicted of DUI, the charge is entered into their criminal history, also known as their criminal record or “rap sheet.” In general, court proceedings are open to the public, which means that any citizen can view them. This transparency ensures that when there is a miscarriage of justice, private citizens and third-party organizations can hold the courts accountable. However, there are boundaries between what is considered public and what is considered confidential. Some information, such as a defendant’s address and personal information, is restricted to law enforcement or court officials, whereas other court documents are open to the public.
A DUI case is a little more complicated. A private corporation can run a background check to access someone’s more private information, whereas an ordinary person would have to go to a courthouse or a state record department to access public court records. This is only possible with the permission of the person involved in the search, such as a job applicant or employee. Your employer can learn about your DUI conviction through a background check, but this depends on the specific check. Most employers are only interested in knowing if you have been charged with a felony. Because the majority of DUIs are misdemeanors, your charges may not show up on a background check unless you drive commercially.
Will I Be Required to Inform My Boss?
However, depending on your profession, it may be difficult to conceal a DUI charge. Given that the majority of people charged with DUI are forced to surrender their license, if your job requires you to drive commercially or if you have a company car, you must notify your employer of the arrest as outlined in your employee contract. Furthermore, if your employee contract requires you to notify your employer of an arrest, you are legally required to do so regardless of the charges. You may also need to take time off work for court appearances, which means you must notify your boss regardless of your profession.
What happens next is entirely up to your employer. They may have to lay you off if you drive commercially. In other cases, they may put you on employee probation, particularly if they are concerned that your pending case will have an impact on your work behavior. Furthermore, if your DUI harms the company’s reputation, they may decide to fire you rather than wait for the outcome of your case. However, this does not end with DUIs. A drunk in public charge can also have an impact on your job if it reflects poorly on your boss’s reputation or business interests.
How an experienced lawyer from Marley Law Firm can help
In the end, a DUI may have more repercussions than just license revocation or jail time. If you don’t get your DUI conviction erased or successfully defend yourself in court, it will remain on your record as a criminal offense for years to come. So, call (949) 726-6000 and speak to a lawyer from Marley Law Firm today.
