Until it is expunged or sealed, a DWI conviction can appear on your criminal background screening. This suggests that recruiters, landlords, and other parties could uncover it whenever they are conducting their own evaluations. The background checks predicated on an individual’s social security card is by far the most prevalent. Typically, DWI convictions that were expunged or sealed need not appear on this kind of background check. However, this is often the current situation.
But hiring managers and landlords may still not lawfully contemplate an expunged or sealed conviction, with some exemptions. This includes, obviously, situations such as when an individual is applying to be a law enforcement officer.
Background checks conducted by Texas employers
Most Texas firms do rigorous background checks on potential employees. They may, as such, examine even DWI charges that did not end in convictions, which could leave applicants being kicked out of the opportunity. If the job you are seeking requires you to drive, almost all the time, the firm will search through your criminal background for any proof of a DWI or other form of reckless driving.
How a DWI affects your employment prospects
Hiring managers in Texas may refuse a job applicant based on the outcome of an evaluation of their past criminal behavior. But there are some guidelines that employers must observe. First, your employer should hire a third-party entity to do the background checks. You should be aware of it and offer your consent by signing a permission agreement.
Second, if an employer determines not to recruit you because of damaging information in your record, they must notify you in a paper of the primary motivations for the decision.
Some employers overlook DWIs, particularly those that transpired years ago, while others do not. It depends on several things, including the corporate culture, the type of work, and the number of other applicants available for the position. In a recessed economy, having a DWI history can hurt your chances because most employers are most likely swamped with more qualified applicants who do not have any DWI records.
How can the magnitude of DWI charges affect you?
Based on the details underlying the allegation, the categorization used for a DWI prosecution can differ tremendously. The charge will usually be a misdemeanor for first-time violators. However, even first-time offenders may face a felony if they harm other people badly or severely. Other mitigating events may also have an influence on the severity of the consequences. If a person has had three prior DWI charges, they can face a felony DWI indictment if charged for the fourth time.
DWI situations might vary widely, and so penalties and their impact on your criminal record might very well vary. This makes it crucial that you tell your prospective boss the truth about the circumstances that led to your DWI. Being honest is safer than allowing people to develop their own, maybe erroneous, judgments based solely on a background investigation.
Expunging your DWI incident from your records
Your indictment for a DWI appears on your record even if you are not guilty. You might, however, be able to get it removed from your police record.
DWI expungement usually entails submitting a petition and attending hearings. Your lawyer argues during your proceedings, stating why your drunken driving case must be dismissed from the police database.
Seeking for your records to be sealed
The non-disclosure ruling, which can ensure that your DWI record is “sealed,” is a substitute for expungement. The sealed records, apart from an expunged track, do not completely vanish from your police record, but they are no longer accessible by the general public, recruiters, or entities conducting background checks.
The significant catch with nondisclosure, nonetheless, is that your drunken driving record is still accessible by specific administrators. Therefore, if you are seeking a high-level public sector position, including one that requires a security clearance, having a criminal past could still be a concern.
What should you do when facing a DWI?
You have a number of choices when you are actually facing DWI charges in Texas. But first, consider contacting an attorney straight away. Your attorney will examine your situation and advise you on the best course of action. This could include registering a not guilty plea or having your DWI lowered to negligent driving.
Once you evade a conviction, your attorney may fight alongside you to have your existing DWI charge removed.
Get your free case evaluation at Stephen T Bowling
The defense attorneys at Stephen T Bowling assist everyone, whether you are actually experiencing a DWI accusation in Texas, or already have a DWI charge or conviction on your records and would like to discover more about your choices. We stand in procedural fairness and defend the rights of the wrongfully accused individuals, as well as those who have served their debts to the community. Arrange a call with us today for a free consultation.