06 Jun Do I Legally Need To Disclose A DUI?
A DUI conviction can have a haunting results for a long time. As a matter of fact, it can last up to seven years before it can even be sealed from public view by the courts. The first or second DUI is considered a misdemeanor, than a third DUI within a seven year time frame is considered a felony. Because DUI is the type of crime is committed by accident many times, it is the type of crime that many times is discussed as far as the ongoing implications it will have on your life. A felony charge on your background check is going to have very obvious implications, but a misdemeanor is one of those things that many people would like to have “simply go away.” Because a DUI on your record means that you were convicted, you now have to deal with the implications that being convicted of a crime entail. For many people who made a simple mistake, by getting a little too drunk and not waiting long enough to drive, it may seem as though it is a little harsh to have it follow you forever. Generally, a DUI is looked upon by the court system as a mistake that you should learn from with some punishment. They don’t have the intention of destroying your entire life, and instead want for you to learn from your mistakes so you don’t make them again. This is why the punishments that are put on to someone convicted of a DUI involve things like a suspension of a license, fines, traffic school or abuse programs. They generally don’t involve something as harsh as jail time, because they understand that the level of punishment that is imposed will result in you learning in your lesson without going to jail. There are however, implications of a criminal conviction that go beyond those that are employed by the court system. One of the major issues that you will face if you are convicted of a DUI in Las Vegas is the potential loss of employment. This is why so many people wonder if they need to legally disclose a DUI on a job application.
The easiest answer to the question is that Nevada employers are legally allowed to ask about convictions for crimes, but they’re not advised to ask about arrests. This is because being arrested for a crime does not mean that you necessarily committed that crime. It is only through the process of the court system that you are proven to have committed that crime. This is called a “conviction” and not an “arrest” specifically because your arrest and does not prove your guilt. If your employer asks if you have been convicted of a crime, you will need to answer that you have. If they ask if you have been arrested, you do not legally have to answer “yes.” The issue is that they do have the right to not hire you, or to terminate your current employment, if it is found that you lied during the application process. This means that no matter what it is a good idea to tell them the truth in response to any question that they ask. It is better to formulate an answer before-hand, expecting that they will ask the question, and use it as a way to show that you have learned not to do these things in the future.
If you are concerned that answering DUI questions during a job interview could potentially impact your ability to get a job, it is always wise to talk to a Las Vegas DUI lawyer first, in order to get a better understanding as far as the legal implications of your answers. If you have questions about your DUI and your future job prospects, contact us immediately.