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DUI and employment background checks in New York


For many New York residents, the possibility of facing a DUI charge is one that is to be avoided at all costs. However, this is a reality that many will have to deal with. There are many questions that can arise when someone is faced with potential penalties. A person may wish to know what specific penalties are involved with a conviction -- and how to avoid them.

One of the most common questions people have about DUI convictions is how they show up on employment background checks. An employer may choose to conduct background checks for a variety of reasons. However, state laws determine whether or not a DWI or DUI appears on the background check. Also, certain federal laws can determine how and when employers can conduct these tests.

Most states allow employers to deny anyone employment with a conviction record. New York is one of the states that require employers to prove the job relevance of a given conviction. All states are bound by certain federal restrictions, too. One such federal restriction involves the provisions contained within the Fair Credit Reporting Act. This requires that background checks must be performed by outside companies -- they cannot be performed in house.

Sometimes, it is possible to get a DUI conviction expunged from a person's record. However, it is often best to avoid being convicted in the first place. Attorneys are available to help fight any DUI charge and build a case that can help defendants fight to avoid penalties. Whether it's denying the validity of a breathalyzer's results, or determining whether evidence was obtained legally, there are a number of ways attorneys can help clients reduce or even dismiss charges involving drunk driving.

Source: FindLaw, "DUI and employment background checks," Accessed on March 23, 2016

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