Can San Diego employers consider a California DUI arrest that did not result in a conviction?
In most California DUI cases, lawyers’ answer = NO!
Because the San Diego DUI / drunk driving arrest did not result in a San Diego DUI / drunk drivingconviction, it is not considered a California DUI conviction and California Labor Code 432.7(a) prohibits employers from asking an applicant to disclose information concerning a California DUI arrest or detention that did not result in California DUI conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring.
A San Diego employer who intentionally violates this section can be liable for a misdemeanor, plus fines, and attorney’s fees. This section does not apply to criminal justice agencies, health facilities, and has a few other narrow exceptions.
Will a San Diego DUI / drunk driving that did not result in a conviction show-up when someone does a background check?
That depends on the kind of background check that is done, lawyers suggest.
A “hard” search involves you authorizing a government agency to release your San Diego DUI / drunk driving arrest records and you providing fingerprints.
This type of search will show that there was no San Diego DUI / drunk driving court case, maybe a California DUI arrest but no California DUI conviction.
A “soft” search, which is done by most San Diego employers, utilizes a private sector company to search for convictions. This type of search will in most cases show nothing at all, according to San Diego DUI / drunk driving criminal defense attorneys.