I have 20+ years in HR/recruiting and unfortunately, I have a recent pending DUI charge from January.

22 Comments

1. Joan Williams, Senior Talent Acquisition SpecialistMay 9,2023 at 9:37PM UTC

   I'm not a lawyer but unless you're getting a company vehicle, I'm not sure a misdemeanor is that big a deal.

   You say you're in HR - what is your company's policy on misdemeanors?

2. AnonymousMay 9,2023 at 9:55PM UTC

   I'm looking for a new position, so I don't know what my future employers policy is going to be. My current company is on a case by case basis. I haven't come across this issue since I've been hiring with this organization, however, I do know that in the past, I've seen candidates lose opportunities due to a DUI. Some were in sales roles required driving so I understand that, but I've seen others lose roles too. I'm not sure I should say anything upfront, I know I don't have to unless asked, but sure my future employer will run a background check and I don't want to see like I'm hiding something or lying. I appreciate your response and I hope I can find another position without an issue. Thank you for commenting!

3. Joan Williams, Senior Talent Acquisition SpecialistMay 10,2023 at 12:14AM UTC

   Personally, I would not bring something like this up. If it comes up on a background check, it comes up.

   Are you working with an attorney on this?

   It might be to your advantage to see if you can delay the court case until after you get a new job because I don't know that arrests show up on the background check, it might only be convictions. Again, I'm not an attorney.

4. AnonymousMay 9,2023 at 11:44PM UTC

   Get an attorney asap. This can be handled in ways that we probably don't even know about.

5. AnonymousMay 10,2023 at 3:07AM UTC

   I have an attorney but it’s most likely going to be a misdemeanor charge. It’s pending now so it will probably show up on a background check still.

6. AnonymousMay 10,2023 at 1:12AM UTC

   Depending on where you live, there may be the option for short probation and then expungement, provided there are no violations of the probation provisions. I went through this with an accident. There was no DUI involved, but I was in the wrong when a person was seriously injured. I was given 30 days probation, which only stated I had no moving violations during the period (no PO was assigned or visits were required), and they expunged the ticket. I have heard of others with similar DUI options, usually involving mandatory treatment or AA meetings. This won't only clear your record but help your insurance premiums.

7. AnonymousMay 10,2023 at 3:10AM UTC

   Thank you. Unfortunately this is going to be a misdemeanor charge most likely, no expungement. Thank you for your comments, I do appreciate it.

8. AnonymousMay 10,2023 at 3:12AM UTC

   Also I’ve already done everything required by the courts even ahead of my court date, so I’m just waiting for the results.

9. AnonymousMay 11,2023 at 3:21PM UTC

   Let me start by saying I am in HR and had a dui a long long time ago (I think it was 2002). I know someone who is now a CHRO and had one even longer ago than that.

   Now, with that out of the way, when do you (do you) bring it up? I would recommend you do that when they are to the point where they mention that there will be a background check. Are you aiming for positions where driving is a big part of your job? Likely not. If a company were to disqualify you based on the fact that you have a DUI, they would need to be able to defend why that would disqualify you. In reviewing background check reports, the only time I've considered it an issue if it looks to be a pattern (multiple DUIs, additional reckless op-type charges, etc.).

   Yes, it sucks. It's embarrassing. Be thankful you didn't hurt or kill someone. But this is a lesson to learn from. And you might be surprised to learn how many people you know have been in your shoes. It's a club no one wants to be in, but many are.

10. AnonymousMay 11,2023 at 6:11PM UTC

    Thank you for your input and honesty. I appreciate it and I really hope a future employer will look past it. It was a terrible mistake and I deeply regret it and am so thankful that I didn't hurt myself or anyone else. I have done everything that I need to do so far with the courts and I haven't even gone to court yet, so I'm being very proactive and also, going to therapy on my own because of the stress and shame I feel about it.

11. AnonymousMay 11,2023 at 4:31PM UTC

    If it is a large company and in the interview process you find that they will do a background check then disclose. If it is still pending it may not show up yet on court records. You could contact the court and ask if it will show up in background checks so that you can make the best decision. Look for companies that use the fair chance method in hiring and look past indiscretions if they are minimal. Hopefully you will NEVER drink and drive again, the life you save will be your own and that of others. Good luck in your search.

12. AnonymousMay 11,2023 at 6:13PM UTC

    Thank you. I really appreciate your input. I will keep this in mind for future employers, of course.

13. AnonymousMay 11,2023 at 5:30PM UTC

    Don’t allow shame to hold you back. I had the same situation years ago and was able to plead the case out to a reckless driving conviction which required community service and loss of license for six months. I was able to get a driving permit for work related purposes after 30 days and volunteered at my neighborhood library for the 50 hours community service. I resigned from my job during this time without divulging the arrest and was hired very quickly after admitting an arrest for reckless driving. It too is a misdemeanor but doesn’t carry the social stigma of a DUI. We all fall at some time; getting up is the challenge. Don’t let shame get in your way. Anyone who has more than two drinks in a two-three hours is at risk especially if they’re tired or haven’t eaten or any other reason that compounds the effects of drinking.

    Best of everything to you

14. AnonymousMay 11,2023 at 6:07PM UTC

    Thank you so much for saying this, I really appreciate it. I think that is the biggest part for me. The shame associated with it and I know that my value as an employee and 17 years experience doesn't make me less than the HR professional that I am. My work ethic, experience, knowledge, and value should mean something and I'm just hoping an employer will be able to see that.

15. Zeecil KimmelMay 12,2023 at 1:07PM UTC

    I had a speeding ticket that ended in a misdemeanor and house-monitored time. I have a clearance so this scared me. But it did not affect me at all. I recently got a new job no mention of it - and for my clearance interview, I explained the circumstance, the lapse in judgment. Everyone can make a mistake - if you have years and years of clean living and you did something stupid - own up to it and move on. I am sure you will never do it again and make that clear to everyone else (and yourself)

16. AnonymousMay 12,2023 at 6:09PM UTC

    Thank you so much for commenting! I really appreciate it it and I'm hoping this is the case, that a future employer will give me another chance. I feel terrible about it and I want to put it past me.

17. AnonymousMay 12,2023 at 1:12AM UTC

    One more comment. Deal with this as quickly as possible so you can move forward.

    Real people make real mistakes. This should not hold you back at all

18. Deb AllenMay 12,2023 at 12:59PM UTC

    From my experience, organizations won't care about that charge for an HR related role. If you were being offered a role where you were assigned a company car, or travel by car was required as part of the job, then you would have a concern. Do not let it derail you. Worst case you can ask the recruiter what the background check consists of. I hope it can be pleaded down but I do not see it having a big impact on your career.

19. AnonymousMay 12,2023 at 6:07PM UTC

    Thank you for commenting. I do appreciate it and I hope so. I feel terrible about it already and am hope that I can get through this.

20. AnonymousMay 12,2023 at 1:46PM UTC

    Drive sober.

21. AnonymousMay 12,2023 at 6:01PM UTC

    How was that helpful to this conversation? I think she's already learned that by now.

22. AnonymousJune 12,2023 at 2:26PM UTC

    To update--I have an offer and they didn't bring anything up, they are running the background check so we'll see what happens. I've had several interviews and am hoping to get another offer this week, but I had an interview this morning and they asked if I had a valid drivers license, which I do and said "yes", then they asked about my driving record and I just felt compelled to tell her the truth-so I said I have a pending DUI, she said okay thanks for being honest but we won't be able to move forward. Just like that--it happened, just like I thought it would. I wouldn't even get the chance to show my experience and what I've done. The position is hybrid so I would need to drive to the office a few days a week, but I will have a ride so I can get there. She just said that they wouldn't be able to move forward. This is why I asked if I should tell potential employers or not, either way--I feel like I'm never going to be able to get past this, whether I'm honest or not.