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A criminal background search in Texas will show a Driving Under Influence (DUI) record. An arrest of this sort may still appear on a background report even if the person was never convicted. This makes it difficult for them to get employment, find housing, or obtain professional licenses.
People facing DUI allegations should try as much as possible to prevent them from appearing on their records. The incident might block some opportunities in the future after they may have faced current legal repercussions. In fact, a DUI will typically remain on a person's record forever.
Anyone with an existing record of arrest or conviction for DUI should contact Sparks Law Firm. Our lawyers can answer all of your questions, including when you will get your license back or what it means if a DUI is dismissed. We offer a free consultation for the client to talk to an experienced criminal attorney about their available options.
Call us at (817) 381-7846 from anywhere in Texas.
Employment Background Checks in Texas
In Texas, several employers perform thorough background checks on potential recruits. Some people have lost jobs because of DUI records they were not even convicted for.
If the job involves driving, the employer will search the arrest record of the candidate for any indication of a DUI. They will also look for other illegal behaviors behind the wheel.
How Can a DUI Affect Career Opportunities?
Employers in Texas have the right to reject job applications based on what they find from criminal background checks. However, there are guidelines that employers must adhere to.
Firstly, the employer must notify the candidate and get their consent before using a third-party service to check their background. An employer that refuses to employ a candidate after a check must give them written notice. This should contain specifics of their decision.
While some employers might overlook DUIs, particularly those that occurred years ago, others don't. The corporate culture, the requirements of the job, and the other applicants for the position all influence their decision.
In a challenging job market, a person might discover that having a DUI on their record is a disadvantage. Companies will overlook them for a less qualified candidate because of their criminal record.
How to Get A DUI Arrest Expunged from Records in Texas
A DUI arrest may still appear on a background check if the arrested person did not receive a conviction. This is because an offender can avoid conviction if they are not found guilty, plead guilty to a lesser felony, or the prosecution withdraws the charges.
However, the culprit can have it removed from their arrest record with the assistance of a DUI defense lawyer.
To have a DUI expunged from records in Texas, the individual must file a petition and appear at a hearing where their counsel can argue the case. The judge will issue an order of expungement if the hearing is successful.
How to Get Records Sealed in Texas
An individual can have their DUI record sealed as an alternative to expungement. This is legally known as a nondisclosure order.
A sealed record does not vanish from arrest history like an expunged record. It is only hidden from persons, companies, and agencies who run background checks.
The major drawback of a nondisclosure order is that specific public officials can still see the DUI offense. Therefore, a person's record can still present problems if they want to run for a high-level government position that requires a security clearance.
According to a recent law in Texas, people can get their records sealed if their DUI conviction was the first violation. There are other requirements they have to meet too.
Persons in this position should contact a DUI lawyer to guide them through the process.
What to Do When Facing a DUI Charge?
There are several ways to ensure that a DUI charge doesn't damage an individual's record. People facing such accusations should speak to a lawyer as soon as possible.
DWI attorneys in Tarrant County TX can examine a case and choose the best line of defense. This can mean pleading not guilty so they can get a DUI lowered to careless driving.
The attorney can also get a client's DUI charge discarded if they escape conviction.
Contact Sparks Law Firm for a Free Case Evaluation
Our firm believes that everyone is innocent until proven guilty. Even the guilty should be given a chance at reformation instead of getting condemned.
We have some of the best criminal lawyers in Texas with years of experience fighting for the rights of accused persons. They can also help get records sealed or expunged if the client already has it on their criminal record.
Call us at (817) 381-7846 to schedule a free consultation with our lawyers.