Job Applications and DWI Arrest
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Thread Starter
Join Date: Mar 2017
Posts: 514
Job Applications and DWI Arrest
Hi everyone,
This topic came up in an alcohol support group I attend, and I was wondering if anyone had any general advice. Any perspective is fine (e.g. employer/applicant/whatever). Note that I'm not asking for legal advice of any kind, just general guidance/opinion.
So as alcoholics, many of us have unfortunately made the mistake of driving drunk, and many of us have gotten caught (many times for our own good). Someone in my group is really struggling with the stigma and shame of the DWI, as she has been seeking full-time employment for some time now. She's very qualified and has a high level of education, so the jobs she's applying for are fairly high level and don't always have a standard application right off the bat with the spot for legal trouble.
After a few seemingly inexplicable rejections, she asked the group today if we thought it would be better to mention it before the employer finds it on his/her own so that she could explain the circumstances (and what she's done to ensure it never happens again), or if that would be akin to needlessly calling herself out and sort of tainting her own image. I did a bit of research online and there doesn't seem to be much agreement on the best move. It's difficult because I know that employers will typically not reveal the reasons behind a rejection for fear of legal repercussions.
Obviously it is not something that one can expect to hide, but I can imagine how discouraging it would feel to get to the interview phase and then be dropped without having had the chance to discuss it and show responsibility... any thoughts?
This topic came up in an alcohol support group I attend, and I was wondering if anyone had any general advice. Any perspective is fine (e.g. employer/applicant/whatever). Note that I'm not asking for legal advice of any kind, just general guidance/opinion.
So as alcoholics, many of us have unfortunately made the mistake of driving drunk, and many of us have gotten caught (many times for our own good). Someone in my group is really struggling with the stigma and shame of the DWI, as she has been seeking full-time employment for some time now. She's very qualified and has a high level of education, so the jobs she's applying for are fairly high level and don't always have a standard application right off the bat with the spot for legal trouble.
After a few seemingly inexplicable rejections, she asked the group today if we thought it would be better to mention it before the employer finds it on his/her own so that she could explain the circumstances (and what she's done to ensure it never happens again), or if that would be akin to needlessly calling herself out and sort of tainting her own image. I did a bit of research online and there doesn't seem to be much agreement on the best move. It's difficult because I know that employers will typically not reveal the reasons behind a rejection for fear of legal repercussions.
Obviously it is not something that one can expect to hide, but I can imagine how discouraging it would feel to get to the interview phase and then be dropped without having had the chance to discuss it and show responsibility... any thoughts?
Member
Join Date: Aug 2015
Location: US
Posts: 5,095
Personally, yes. If she has a felony conviction its going to be center stage. If its fairly recent its going to be hard to dodge.
If she has been rejected due to something in her 'background' check I'm pretty sure they have to give her a copy of the report and give her the reason for the rejection. If they didn't do this I'm pretty sure that isn't legal. Background checks can often be wrong (credit issues for example) so the person has to be able to 'explain' what they found. If its wrong they can take steps to make sure the error is corrected.
If she didn't get hired for the job for other reasons, then I don't think they have to say anything more than 'you weren't the best candidate'.
She should call her Labor dept because different states have different laws.
If she has been rejected due to something in her 'background' check I'm pretty sure they have to give her a copy of the report and give her the reason for the rejection. If they didn't do this I'm pretty sure that isn't legal. Background checks can often be wrong (credit issues for example) so the person has to be able to 'explain' what they found. If its wrong they can take steps to make sure the error is corrected.
If she didn't get hired for the job for other reasons, then I don't think they have to say anything more than 'you weren't the best candidate'.
She should call her Labor dept because different states have different laws.
Member
Join Date: Jan 2015
Posts: 1,183
Laws vary and I don't know where you are located, but in my experience in the US you have to give a prospective employer permission to poke around, and there's always a box in a formal application for you to list past legal issues. I really doubt a single simple DUI will be a barrier, they're pretty common, but more than one - or obviously a felony - probably will be an issue. Personally I wouldn't just offer that up at the interview stage, but if your friend never filled out formal paperwork then it probably never got that far, and it's probably not related to legal issues.
For me personally, I have a single simple DUI and I listed it on the application forms for both my current jobs. I got the jobs, and no one ever mentioned them.
For me personally, I have a single simple DUI and I listed it on the application forms for both my current jobs. I got the jobs, and no one ever mentioned them.
Forum Leader
Join Date: May 2012
Location: Wisconsin, USA
Posts: 16,945
My personal $.02 would be that unless they specifically ask on a job application then don't bring it up. It all really depends on the employer and the job as to whenever or not they can even ask if you have a prior conviction or not - and not just for DUI. Obviously if she's applying to be an airline pilot, truck driver or another job that requires a clean driving record they are going to do a background check and find out. But if it is a job that doesn't require that I don't know that you can even be asked legally.
Certainly having a DUI on your record is a detriment, no question there.
Certainly having a DUI on your record is a detriment, no question there.
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Thread Starter
Join Date: Mar 2017
Posts: 514
These are really great insights here, and I hope there are more to come!!
It's not a felony for her, though it was aggravated DWI because of her BAC at the time. No accident, no damage; really the worst of it (other than of course the horrific risk of driving under the influence which is never to be minimized) was that the local news aired a report about it. Basically if you google her name, that's what comes up including a mugshot.
From what she says, she's not attempting to hide it (that would look way worse in the long run). She is admittedly preoccupied with the idea that they google her name and see that, and immediately all her other qualifications and accomplishments pale in comparison. I guess it's like, do you call yourself out before someone can misjudge you, or wait to see if they were going to judge you at all?
Ah, alcohol, you guys... what messes it causes!!
It's not a felony for her, though it was aggravated DWI because of her BAC at the time. No accident, no damage; really the worst of it (other than of course the horrific risk of driving under the influence which is never to be minimized) was that the local news aired a report about it. Basically if you google her name, that's what comes up including a mugshot.
From what she says, she's not attempting to hide it (that would look way worse in the long run). She is admittedly preoccupied with the idea that they google her name and see that, and immediately all her other qualifications and accomplishments pale in comparison. I guess it's like, do you call yourself out before someone can misjudge you, or wait to see if they were going to judge you at all?
Ah, alcohol, you guys... what messes it causes!!
Member
Join Date: Aug 2015
Location: US
Posts: 5,095
When I was a hiring manager in tech, the application has a box that one checks to allow the company to do a background check. It was standard stuff and I always had to check that for any job I was interviewing for.
As the hiring manager I never got involved in background checks...that was HR's deal. And the company wouldn't expend resources for checks unless an offer was pending. So I'd tell HR what I wanted to do, the terms of the offer, and they'd take it from there. If there was something in a background check I'm assuming HR would just tell me they didn't pass so we couldn't make an offer. If the person told me straight up in an interview, here's my past, I could then have negotiated with HR. Unless of course it was an absolute no fly. That's just my thinking.
I pretty much assume that every hiring manager now googles whoever they are interviewing. So yeah, its gonna come up. Whether its legal or not, that could cloud a person's view. I would think addressing it up front, because there's no hiding it, would be smart.
She does have the right to ask why she didn't get the jobs and I'm pretty darn sure that if its because of the DWI they legally have to tell her. She can also talk to the HR dept of the companies she is considering before she applies and find out the policy. I'm sure she can do this anonymously. I also know that a lot of the 'laws' preventing discrimination kind of disappear when the job is over 75k year. So the higher the pay, the more of an issue it becomes.
As the hiring manager I never got involved in background checks...that was HR's deal. And the company wouldn't expend resources for checks unless an offer was pending. So I'd tell HR what I wanted to do, the terms of the offer, and they'd take it from there. If there was something in a background check I'm assuming HR would just tell me they didn't pass so we couldn't make an offer. If the person told me straight up in an interview, here's my past, I could then have negotiated with HR. Unless of course it was an absolute no fly. That's just my thinking.
I pretty much assume that every hiring manager now googles whoever they are interviewing. So yeah, its gonna come up. Whether its legal or not, that could cloud a person's view. I would think addressing it up front, because there's no hiding it, would be smart.
She does have the right to ask why she didn't get the jobs and I'm pretty darn sure that if its because of the DWI they legally have to tell her. She can also talk to the HR dept of the companies she is considering before she applies and find out the policy. I'm sure she can do this anonymously. I also know that a lot of the 'laws' preventing discrimination kind of disappear when the job is over 75k year. So the higher the pay, the more of an issue it becomes.
Member
Join Date: May 2009
Posts: 14,934
If there is a box on the application that asks if she has ever been convicted of a felony, and if that is true, then check that box.
If there isn't a felony conviction, then don't check the box.
Otherwise, I wouldn't say anything, particularly if she has been sober for an extended period of time.
If there isn't a felony conviction, then don't check the box.
Otherwise, I wouldn't say anything, particularly if she has been sober for an extended period of time.
Member
Join Date: Jan 2015
Posts: 1,183
Originally Posted by VigilanceNow 
...really the worst of it (other than of course the horrific risk of driving under the influence which is never to be minimized) was that the local news aired a report about it. Basically if you google her name, that's what comes up including a mugshot
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Join Date: Aug 2015
Location: Atlanta
Posts: 8,674
Good comments above.
Most of my thoughts have been said so here is what I have gone through.
Specifically, these arrest questions are worded differently on different apps. Example, some ask if you have been convicted f anything more than a traffic violation or misdemeanor. Others get specific with a time frame like number of years for x kind of arrest. Others specify felony.
I too struggled with a DUI (now 10 years past and on my driving record essentially a moot point for GA) as well as a lengthy processing of getting records of a felony (note, my shoplifting habit when drunk caught up with me- and in GA a theft by taking is a felony if it is for $500 or more so the expensive wallet plus cash in it got me that, and using the credit cards got me false impersonation ). I was incrdibky fortunate that these were ultimately cleaned up but during the five years (!!!) it took to get paperwork Fulton County had let "slip through the cracks" I had to face job apps.
99% of the time I answered the question exactly as asked. As I found my way from the corporate and higher level world to the restaurant industry, he background checks really didn't happen, which is a risk I took a couple of times. Once, I volunteered info. I did learn the hard way that in some cities and counties in the metro Atlanta area, my record kept me from having a liquor license required for servers and bartenders. That limited jobs to City of Atlanta and Fulton Co(strangely since that is where I was arrested).
It's ultimately a judgment and ethical call for the person. I sure do breathe easier now but the background check for our lease renewal this summer still made me nervous!
I believe it is possible to get through legal situations but I had to accept that consequences of what I did might catch up with me for some opportunities.
Most of my thoughts have been said so here is what I have gone through.
Specifically, these arrest questions are worded differently on different apps. Example, some ask if you have been convicted f anything more than a traffic violation or misdemeanor. Others get specific with a time frame like number of years for x kind of arrest. Others specify felony.
I too struggled with a DUI (now 10 years past and on my driving record essentially a moot point for GA) as well as a lengthy processing of getting records of a felony (note, my shoplifting habit when drunk caught up with me- and in GA a theft by taking is a felony if it is for $500 or more so the expensive wallet plus cash in it got me that, and using the credit cards got me false impersonation ). I was incrdibky fortunate that these were ultimately cleaned up but during the five years (!!!) it took to get paperwork Fulton County had let "slip through the cracks" I had to face job apps.
99% of the time I answered the question exactly as asked. As I found my way from the corporate and higher level world to the restaurant industry, he background checks really didn't happen, which is a risk I took a couple of times. Once, I volunteered info. I did learn the hard way that in some cities and counties in the metro Atlanta area, my record kept me from having a liquor license required for servers and bartenders. That limited jobs to City of Atlanta and Fulton Co(strangely since that is where I was arrested).
It's ultimately a judgment and ethical call for the person. I sure do breathe easier now but the background check for our lease renewal this summer still made me nervous!
I believe it is possible to get through legal situations but I had to accept that consequences of what I did might catch up with me for some opportunities.
Member
Join Date: Aug 2018
Posts: 35
Originally Posted by VigilanceNow
Hi everyone,
This topic came up in an alcohol support group I attend, and I was wondering if anyone had any general advice. Any perspective is fine (e.g. employer/applicant/whatever). Note that I'm not asking for legal advice of any kind, just general guidance/opinion.
So as alcoholics, many of us have unfortunately made the mistake of driving drunk, and many of us have gotten caught (many times for our own good). Someone in my group is really struggling with the stigma and shame of the DWI, as she has been seeking full-time employment for some time now. She's very qualified and has a high level of education, so the jobs she's applying for are fairly high level and don't always have a standard application right off the bat with the spot for legal trouble.
After a few seemingly inexplicable rejections, she asked the group today if we thought it would be better to mention it before the employer finds it on his/her own so that she could explain the circumstances (and what she's done to ensure it never happens again), or if that would be akin to needlessly calling herself out and sort of tainting her own image. I did a bit of research online and there doesn't seem to be much agreement on the best move. It's difficult because I know that employers will typically not reveal the reasons behind a rejection for fear of legal repercussions.
Obviously it is not something that one can expect to hide, but I can imagine how discouraging it would feel to get to the interview phase and then be dropped without having had the chance to discuss it and show responsibility... any thoughts?
This topic came up in an alcohol support group I attend, and I was wondering if anyone had any general advice. Any perspective is fine (e.g. employer/applicant/whatever). Note that I'm not asking for legal advice of any kind, just general guidance/opinion.
So as alcoholics, many of us have unfortunately made the mistake of driving drunk, and many of us have gotten caught (many times for our own good). Someone in my group is really struggling with the stigma and shame of the DWI, as she has been seeking full-time employment for some time now. She's very qualified and has a high level of education, so the jobs she's applying for are fairly high level and don't always have a standard application right off the bat with the spot for legal trouble.
After a few seemingly inexplicable rejections, she asked the group today if we thought it would be better to mention it before the employer finds it on his/her own so that she could explain the circumstances (and what she's done to ensure it never happens again), or if that would be akin to needlessly calling herself out and sort of tainting her own image. I did a bit of research online and there doesn't seem to be much agreement on the best move. It's difficult because I know that employers will typically not reveal the reasons behind a rejection for fear of legal repercussions.
Obviously it is not something that one can expect to hide, but I can imagine how discouraging it would feel to get to the interview phase and then be dropped without having had the chance to discuss it and show responsibility... any thoughts?
Member
Join Date: Jan 2012
Location: West Tn
Posts: 3,043
To me, the answer is simple (like picking cotton, though, it may be simple but not easy) - tell the truth.
I haven't had any dealings with law enforcement since the 1970's, other than a few speeding tickets.
I attribute that largely clean record to (a) the hand of God, (b) being fleet of foot as a young man, and (c) an occasional strategic U-turn.
I haven't had any dealings with law enforcement since the 1970's, other than a few speeding tickets.
I attribute that largely clean record to (a) the hand of God, (b) being fleet of foot as a young man, and (c) an occasional strategic U-turn.
Member
Join Date: Nov 2015
Posts: 214
New Method
You are going to think this is absolutely crazy but I am well into my 40's and I have never filled out a job application. A couple of times an application has been mentioned and I let it sit there in front of me while I discuss the possibility of employment. I have always been in some form of management for the majority of my life. I have always drawn a comfortable salary. I have also always been employed. Along time ago I started walking into job interviews behaving like it was a forgone conclusion that I had the job. The only question remaining was if I decided to take it. If you are in some form of management people more than likely want to see you in control as they do not want to do the job they are hiring you for. If you are in the lower hourly wage you are also in luck as a lot of employers are desperate to fill positions and the jobs are a dime a dozen. On another note I have a friend that writes liability policies for companies and he is always amazed at how many DUI's he sees. And these are people well into the 6 figures.
12 Step Recovered Alcoholic
Join Date: Apr 2012
Location: New Zealand
Posts: 6,613
I was struck by one of the rules in Jordan Petersens book, 12 Rules for Life. It goes: Tell the truth or at least don't lie. It is a psychology book, and this rule goes on to explain how dishonesty can completely wreck your life. I have only seen this on the web, but I am getting a copy next time I get near a book shop.
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