A DUI conviction can have lasting consequences, including its potential impact on your employment opportunities. If you are seeking a job in California, you may wonder whether an employer can legally deny you a position based on a past DUI. Understanding your rights and the laws surrounding DUI-related employment decisions is essential to protecting your future.

California Laws on Employment and DUI Convictions

California law places certain restrictions on how employers can use criminal records in hiring decisions. The Fair Chance Act (Ban the Box Law) (California Government Code Section 12952) prohibits most employers from asking about your criminal history on job applications. This means an employer cannot inquire about a DUI conviction until after making a conditional job offer.

However, once an employer reviews your background check, they may consider your DUI history when making a final hiring decision. Their ability to deny you employment based on a DUI depends on several factors.

When Can an Employer Deny You a Job Because of a DUI?

While the Fair Chance Act provides protections, there are certain circumstances in which an employer can legally deny you a job due to a DUI conviction, including:

• The Job Involves Driving: If the position requires driving (e.g., commercial driving, delivery services, or rideshare jobs), a DUI conviction may disqualify you due to safety concerns and insurance requirements.
• The Employer Demonstrates a Business Necessity: Employers can deny a job offer if they can show that a DUI is directly related to the job responsibilities. For example, a DUI conviction might be considered relevant for roles involving child care, law enforcement, or healthcare.
• A Recent or Multiple DUI Convictions: If you have multiple DUIs or a recent conviction, an employer may view it as a pattern of risky behavior that impacts your suitability for the position.

Your Rights Under California’s Fair Chance Act

If an employer intends to deny you a job because of a DUI, they must follow specific procedures under the Fair Chance Act:

1. Provide a Written Notice: The employer must notify you in writing of their intent to withdraw the job offer based on your conviction.
2. Allow You to Respond: You have the right to submit an explanation, dispute inaccuracies, or provide evidence of rehabilitation (such as completing a DUI program or demonstrating good conduct since the conviction).
3. Final Decision Notification: If the employer still decides to withdraw the job offer, they must provide a final written decision.

How to Improve Your Employment Prospects After a DUI

If you are concerned about the impact of a DUI on your job search, there are steps you can take to improve your chances:

• Expungement: Under California Penal Code 1203.4, you may be able to have your DUI conviction expunged, removing it from your record for most employment purposes.
• Demonstrate Rehabilitation: Show potential employers that you have taken steps to improve yourself, such as completing substance abuse programs, volunteering, or obtaining strong references.
• Seek Legal Advice: An attorney can help you explore record-clearing options or assist if you believe you were unfairly denied employment due to a DUI.

Protect Your Future Employment Opportunities

A DUI conviction does not have to define your career. If you are facing employment challenges due to a past DUI, legal options may be available to help you move forward. Contact Simmons Wagner, LLP at (949) 439-5857 today to discuss your rights and how to protect your employment opportunities.