Background Checks with a DWI
Unless a DUI or DWI is non-disclosed or successfully expunged from your record, it can appear on a criminal background check. If someone checks, like bosses or landlords, they might find out about the DWI decision.
The most common form of background check relies on the individual’s social security number. DWI convictions that were hidden or erased may not show up in this background check. However, there is no absolute guarantee of this.
Usually, bosses and landlords can’t see hidden or erased criminal records. But sometimes, there are special cases where they can. For instance, someone applying for a job in law enforcement may not be able to keep this information confidential due to specific requirements within that field.
What is a DWI
In Texas, DWI stands for “Driving While Intoxicated.” It is a criminal offense that occurs when a person operates a motor vehicle in a public place while under the influence of alcohol or drugs to the extent that their normal mental or physical faculties are impaired. The legal blood alcohol content (BAC) limit for adults (21 years and older) in Texas is 0.08%, while for individuals under 21, any detectable amount of alcohol in their system can result in a DWI charge.
DWI is a serious offense in Texas and carries various penalties, including fines, license suspension, mandatory alcohol education programs, community service, and in some cases, even imprisonment. The severity of the penalties can vary depending on factors such as previous convictions, BAC level, and whether there were any accidents or injuries involved.
Employers – Background Checks
Most Texas companies check job applicants’ backgrounds, so they might see DWI charges even if there was no conviction. Unfortunately, this could lead to the exclusion of an applicant from consideration for the job. Many companies look at criminal records, particularly for driving jobs. This is to find out if the applicant has any charges related to drunk or reckless driving.
Severity of DWI Charges
The categorization of a DWI charge can vary greatly depending on the seriousness of the allegations. Generally, for first-time offenders, it is considered a misdemeanor charge. However, if a first-time offender causes severe injuries to others, the charge could potentially be elevated to a felony.
Additionally, other factors and incidents can influence the severity of the consequences. For example, if an individual has previously been charged with DWI twice, a third DWI charge could result in felony indictment.
DWI cases vary, so penalties and record impact differ. It is crucial to communicate all the relevant facts and circumstances regarding your DWI to any prospective employer. It’s better to be honest about the situation than let others make wrong assumptions from a background check.
Can a DWI Have an Impact on Prospects for Employment
In Texas, employers have the authority to reject a job applicant after considering their prior criminal history. However, there are specific guidelines that employers must adhere to. Firstly, the prospective employer is obligated to engage a third-party entity to perform the background check. They must tell you before checking and ask for your permission by having you sign an agreement.
Employers must provide a written explanation if they decide not to hire you due to negative information in your records. The explanation should detail the reasons for their decision. This is a legal requirement.
Requesting The DWI Record be Non-Disclosed
You can hide your DWI record by asking for a non-disclosure ruling instead of trying to erase it completely. If someone’s criminal record is not disclosed, it doesn’t disappear from their police record. But regular people, job recruiters, and companies can’t see it when they do background checks.
However, it is important to note that certain administrators still retain access to your DWI record under this option. If you want a top job in government or need security clearance, a DWI conviction could be a problem. Additionally, professional licensing boards regulated by the State of Texas have the authority to access non-disclosed records. Consulting with an attorney can provide guidance on how to navigate such situations, particularly when dealing with licensing boards.
Arrested? Don’t Plea, Call Me!
If you are facing DWI criminal charges, it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A hired criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you. And develop a strong legal defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, having a DUI charge we can provide you with information about the potential indecent exposure consequences of a conviction. Including the possibility of jail time, fines, and other penalties. And work to minimize the impact of the charges on your life and future.
Overall, the criminal law justice system can be complex and scary. Having an experienced criminal defense lawyer can significantly improve the outcome of your case. Your lawyer can help you comprehend the legal process, outline your choices, and provide advice and support. They can also help you review any gathered evidence against you, prepare witness statements, and investigate any mitigating circumstances.