A misdemeanor DUI conviction in Colorado can raise several questions about how it may influence your current or future employment opportunities. Whether you’re applying for a new job or trying to maintain your current position, it’s natural to wonder, Can you get a job with a DUI misdemeanor? How do potential employers view such a conviction? Below, we explain how a misdemeanor DUI in Colorado can affect employment opportunities, including applying to government positions.
Can You Get a Job with a DUI Misdemeanor on Your Record?
In most cases, having a misdemeanor DUI on your record does not automatically disqualify you from securing employment. However, the influence it has on your job prospects varies based on the nature of the job and the employer’s specific policies. Some industries are more sensitive to criminal convictions, particularly those involving:
- Driving,
- Public safety, or
- Federal oversight.
Employers in these fields may conduct more thorough background checks and view a DUI as a significant red flag.
Many employers may not weigh a misdemeanor DUI as heavily, focusing more on job-related skills and experience than non-violent offenses. Nevertheless, it’s essential to note that many employers conduct background checks, and a DUI conviction may sway their ultimate hiring choice. In Colorado, employers can consider criminal history when deciding whether to hire you. However, they must be transparent about how they use this information.
Will a Misdemeanor DUI Affect Employment?
Getting a job with a misdemeanor DUI on your record isn’t impossible, but it can be tricky, depending on the work you seek. Several factors can influence how a DUI affects your job prospects.
- The nature of your job. Certain professions may have stricter requirements regarding criminal records. For example, jobs involving public safety or operating heavy machinery are likely to weigh a conviction more heavily than other industries.
- The employer’s policies. Some employers may have specific guidelines regarding hiring individuals with a criminal record, including DUIs.
- The severity of the DUI. A more severe DUI offense may have a more significant impact on your employment prospects. For example, a DUI involving an accident or high blood alcohol content levels could weigh against you more heavily.
In Colorado, employers are not required to overlook a DUI, but many companies recognize that people make mistakes and may offer second chances. This is especially true if the conviction is in the past and you have shown significant improvement since the incident.
Will a Misdemeanor Affect Employment with the Government?
A misdemeanor DUI does not automatically bar you from government employment. Federal, state, and local agencies often evaluate applicants on a case-by-case basis, considering factors such as:
- The time that has elapsed since the conviction,
- Whether there is a pattern of similar offenses, and
- How you’ve rehabilitated since the incident.
How much will a misdemeanor affect your employment with the government? It’s tough to say exactly how much it will impact your prospects. However, we can say that government positions generally have stricter background check protocols than the private sector. Some government positions, especially those requiring security clearances, might disqualify individuals with recent DUI convictions. In other words, certain positions may scrutinize convictions more closely than others. Government agencies may scrutinize a misdemeanor DUI conviction more closely for roles that involve high levels of public trust, national security, or law enforcement.
A DUI may be viewed as a lapse in judgment, raising concerns about your decision-making abilities. Demonstrating accountability, completing court-ordered programs, and maintaining a clean record afterward can help improve your eligibility for government jobs despite a DUI conviction.
Does a Misdemeanor DUI Show Up on Background Checks?
Yes, a misdemeanor DUI will typically appear on background checks. Colorado law permits employers to conduct background checks as part of their hiring process, and a DUI conviction is generally considered a public record. Most standard criminal background checks will highlight this information, and employers have the right to consider it during hiring.
While a DUI will likely appear on your background check, the timing and context in which employers can consider it have changed, giving you more opportunities to explain the circumstances.
However, Colorado recently passed the Colorado Chance to Compete Act, which limits when and how employers can inquire about an applicant’s criminal history. Under this law, employers cannot ask about criminal history on the initial job application. Instead, they must wait until after an interview or conditional job offer to inquire about criminal records. This law is intended to give candidates a fair chance at employment without being immediately disqualified due to past offenses.
Can You Lose Your Current Job After a DUI?
The possibility of job loss due to a misdemeanor DUI conviction depends on:
- Your employer’s policies,
- The type of work you do, and
- Any existing employment contracts or agreements.
If your job involves driving or handling heavy machinery, a DUI could affect your ability to perform your duties, especially if your license is suspended. Your employer could have legitimate reasons to let you go in these situations.
Healthcare jobs and those with strict codes of conduct often view a DUI conviction as a serious violation of ethics or company policies. Even in cases where the conviction does not directly interfere with your job responsibilities, some employers may view it as a breach of trust.
Many companies are willing to work with employees who have faced DUI charges, especially if they are forthcoming about the situation and take steps to address the issue, such as attending a DUI program or counseling. By staying open with your employer and showing you’re taking responsibility, you can boost your chances of keeping your job.
Will a Misdemeanor DUI Affect My Ability to Get a Professional License?
The requirements for obtaining a professional license vary depending on the field. However, a DUI conviction can certainly make it more challenging. It’s essential to check the specific licensing requirements for your desired profession.
Are You Facing a Potential DUI Conviction? Explore Your Options with Us
With 24 years of experience, Mark S. Rubinstein, P.C. is dedicated to defending the rights of Colorado residents facing DUI charges. We’ll fight to protect your future and help you move forward. Contact us today to discuss your case.
Resources:
- Use Of Criminal Convictions In Employment, Colorado General Assembly (2018), link
- DUIs & Background Checks: What It Means For Employment, GoodHire (2023), link
- Guide to DUIs on Background Checks, Checkr (2023), link
- Colorado Drunk Driving Laws, Colorado Office of Legislative Legal Services (2023), link
