Having a background check done can be daunting especially when you have a criminal history. Being convicted of driving under the influence means having a criminal record in many states, but not in New Jersey. A DUI conviction will not appear on a criminal background check but employers or other agencies may be able to access the information in other ways. Get the help of a Bergen County, New Jersey DUI lawyer for assistance during your case.
What Are Background Checks Used For?
Various organizations and people use background checks for many reasons. Background checks show a person’s identity through a collection of verified information and records. The following are common uses.
- A current employer or licensing agency may use background checks for regulatory purposes and to ensure that employees or license holders are maintaining good standing.
- A potential employer may run a background check on an applicant to evaluate their criminal history before offering them employment.
- Landlords and property management companies use background checks during the application process for potential renters to decide whether or not to accept them.
These are the most common everyday uses of background checks that a person may come across. Laws have begun being put in place to limit the amount of background checks that potential employers and landlords can perform. This is an active effort by the government to help people with prior convictions secure employment and housing.
Will a DUI Result in a Criminal Record?
Every state has its own laws regarding penalties and classifications for driving while intoxicated. In New Jersey, a DUI falls under the umbrella of traffic offenses. These are separate from criminal offenses and while some consequences overlap they are very different. A DUI will never appear on a criminal record because New Jersey state law does not consider it a criminal offense.
Do DUIs Appear on a Background Check?
Fortunately for some, a DUI conviction will not appear on a criminal background check in New Jersey. As established, driving while under the influence is not a criminal offense in NJ, but rather a traffic offense. Because it is not a crime it is not reported to any criminal databases and therefore will not be present when someone runs a background check. This can be beneficial for those with a drunk driving conviction.
However, it is important to note that a DUI will appear on your driving record. If your employer or potential employer is able to access your driving history during their background check your DUI will appear.
How Long Does a DUI Stay on Your Driving Record?
While a DUI conviction does not appear on a criminal record or a background check, it will show up on your driving record. Note that New Jersey refers to a driving record as a Driver History Abstract. Your Driving History Abstract holds information regarding accidents you have been in, license suspensions, payment history, points, and traffic violations including DUIs.
Some states allow DUIs to be expunged from criminal records or driving records. Unfortunately for NJ drivers, a DUI can never be removed from a driving record. It is a permanent fixture on the Driving History Abstract and is not eligible for expungement.
To obtain representation during your case and discuss your options, speak with a skilled DUI attorney.