October 23rd, 2024 | Sterling

Will Your Driver’s DUI Show Up on an Employment Background Check ?

Background checks provide critical information that help you make well-informed hiring decisions. They give you necessary insight to evaluate the candidate’s unique fit for the role and can help increase your confidence that you’re hiring the right person.

Most employers know it is best practice to align their background checks with the specific positions for which they are hiring. Following this best practice helps mitigate organizational risk associated with the job’s responsibilities. For example, an employee who drives for your company, whether just to the store to buy office supplies or in a delivery capacity, can potentially increase your organization’s liability if they practice unsafe behavior behind the wheel. If you’re hiring for a position involving driving, gaining insight into the candidate’s driving history can help you better evaluate if they are a good match for the responsibilities of the job.

But how do you know which searches you need to run to highlight the records relevant to a position? The answer is not always obvious, and this is where you need an expert background screening partner who can help you choose which searches will provide the information you require for the roles you hire.

Know Where Records Are Reported: A DUI Reporting Example 

A common example of an offense in the US that can be reported unexpectedly as a result of a background check is Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Often, people think that because a DUI is a traffic violation, it only shows up in a Motor Vehicle Record (MVR) check. In fact, this is not the case.

In some circumstances, an employer will find a DUI offense on an MVR check depending on a number of factors, including the state where the offense occurred and how long ago it took place. However, in most cases, a DUI conviction is found in the criminal background check. Most jurisdictions consider DUI to be a criminal offense. The seriousness of the crime depends on whether the crime falls under the felony or misdemeanor or traffic classification, and this varies from state to state.

This can be a surprise for candidates if they’re asked if they’ve ever been convicted of a crime as part of the final hiring process. They may see a DUI as a traffic violation and not a criminal offense, mistakenly believing they don’t need to disclose it.

Considerations When a Record Is Discovered 

When making a hiring decision based on a discovered record, what considerations should you factor in?  

It’s important to conduct all screening record reviews carefully, thoughtfully, and consistently. Here are some aspects you might consider when reviewing records like a DUI on a background check report:

  • Is the person applying for a regulated position (such as a pilot or a truck driver)?
  • If the answer to this question is yes, then the decision might be quite simple. In fact, it may be out of your hands. For pilots or truck drivers, Department of Transportation (DOT) regulations may dictate the candidate’s suitability for a regulated position based on the record reported. 
  • Does the person’s job responsibilities directly relate to the type of offense reported? For example, if a DUI was discovered, does the position require them to drive a company vehicle, their own vehicle, or to operate machinery? 
  • If the answer is yes, it is important to adhere to your company’s background screening policy as you evaluate the record. Using the DUI example, your background screening policy should outline specifically what records and record recency (age of record) may negatively impact an offer to a new hire in a driving role.  
  • Does the person’s job require high levels of personal responsibility and judgement that may be called into question due to the offense (but the offense doesn’t relate directly to the responsibilities of the job)? 
  • A ‘yes’ answer here doesn’t negate the importance of considering the offense in context with your company’s background screening policy. A thorough, well-constructed background screening policy addressing the relevance of background screening results to specific job responsibilities (including aspects of personal judgement) is key to transparent, consistent hiring practices that help prevent discrimination. 

When the hiring decision is not a matter of mandated regulations, your company’s background screening policy should serve as your most important guide to a hiring decision. This is why, as a next consideration, it is imperative that your background screening policy is reviewed regularly to make sure it’s up-to-date. 

Review Your Organization’s Background Screening Policy Regularly 

Regulations around background checks are constantly changing. Additionally, your organization and the roles you hire are ever-evolving. To stay relevant, have your company’s background screening policy regularly reviewed by qualified legal counsel.  

A thorough review should take into consideration:  

  • The roles you hire for, their functions, and any requirements relevant to the job, such as regulations for DOT safety-sensitive positions.  
  • The places where you hire and all relevant local laws, including:  
  • Ban the Box laws prohibiting companies from asking about a job candidate’s criminal history on an application but allowing for inquiry later.
  • Fair Chance laws requiring more robust notification to candidates about criminal background check results and providing opportunity for the candidate to respond.  
  • Individualized Assessments requiring employers to further assess the job candidate’s criminal history against various specific factors such as age of the record, severity of the crime, rehabilitation efforts, and other factors.   
  • Fair Credit Reporting Act (FCRA) requirements for employers conducting background checks via a Consumer Reporting Agency (CRA), including:   
  • Providing the candidate with the appropriate disclosure and obtaining a written authorization before starting any background screening.   
  • Following a process for pre-adverse and final adverse action if you’re considering taking adverse action based on adverse information found in the background check.  
  • Equal Employment Opportunity Commission (EEOC) best practices for considering arrest and conviction records in employment decisions.   

Background checks are an important part of creating a foundation of trust and safety for your organization. When they’re done right, they can provide critical information helping you make confident and effective hiring decisions and to preserve your strong company culture.

Sterling’s tech-enabled background check services are optimized to help you accelerate your hiring and bring on quality candidates that are a good match for your organization. Contact us today to learn more.

This content is offered for informational purposes only. First Advantage is not a law firm, and this content does not, and is not intended to, constitute legal advice. Information in this may not constitute the most up-to-date legal or other information.

Readers of this content should contact their attorney or lawyer to obtain advice concerning any particular legal matter. No reader, or user of this content, should act or refrain from acting on the basis of information in this content without first seeking legal advice from counsel or lawyers in the relevant jurisdiction. Only your individual attorney or legal advisor can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this content does not create an attorney-client relationship between the reader, or user of this presentation and First Advantage.

Blog Categories