Person filling out background check paperwork

Does a DUI Show Up on a Background Check in Virginia?

If you have been charged with a DUI in Virginia, you might be concerned about how this will impact your future, especially when it comes to background checks. Understanding the implications of a DUI on your record is crucial for navigating potential challenges in employment, education, and other areas. A DUI will show up on a background check if you are convicted, so it is important to present a strong defense to the charges.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC educate you on how a DUI charge will impact future background checks. Contact us today for an evaluation of your case.

DUI as a Criminal Offense in Virginia

In Virginia, a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is considered a criminal offense, not just a traffic violation. The charge is a violation of Virginia Code Section 18.2-266 which covers both DUI and DWI so in Virginia, the two terms are used interchangeably and punished in the same manner.

This means that a DUI conviction will appear on your criminal record and can be accessed through background checks. The Virginia State Police maintains a detailed database of criminal records, including DUI convictions, which are disseminated through the Central Criminal Records Exchange.

Duration on Your Criminal Record

A DUI conviction in Virginia remains on your criminal record permanently. This means that it will be visible in background checks indefinitely, potentially affecting various aspects of your life. Additionally, a DUI conviction stays on your DMV record for 11 years and is attached to a six-point demerit violation on your driver’s license.

Unlike some states, Virginia does not allow DUI convictions to be expunged from your record unless you remain innocent, are proven not guilty or were wrongly accused. This means that once a DUI charge is on your record, it stays there unless you successfully contest the charge.  This is why a strong criminal defense from the very beginning is critical. You may be able to beat the charges or plea to a different offense that allows the previously charged DUI to be expunged.

Other Impacts on Your Life

A DUI shows up on your background check and can affect your life in several ways:

Impact on Employment

Employers often conduct criminal background checks as part of their hiring process. A DUI conviction can raise concerns about a candidate’s judgment and reliability, especially for positions involving driving or the transportation of goods and people. Certain professions, such as law enforcement or those requiring professional licensing, may have stringent policies against DUI convictions.

Educational Institutions

Higher education institutions may also consider criminal history in their admissions processes, particularly for programs that require internships or licensing where a clean record is mandatory. A DUI conviction could impact your chances of admission to such programs.

Just because you have a DUI does not mean you cannot go to college, but it could raise some concerns. This may be especially true if you are a current student. The right criminal defense may help limit the negative impacts on your life.

Housing and Financial Institutions

Landlords may be hesitant to rent to individuals with criminal records out of concern for property safety and tenant responsibility. Similarly, financial institutions considering loans or credit applications may take a DUI conviction into account when assessing an applicant’s reliability.

Get Help Protecting Your Criminal Record from a DUI

Navigating the implications of a DUI conviction can be complex. Consulting with a DUI attorney can provide valuable guidance and help you understand your rights and options. An experienced attorney can assist with legal defenses, potential expungement (if applicable), and strategies for mitigating the impact of a DUI on your record.

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here for you. Contact us today for a free consultation of your case.