A DUI conviction can follow you long after you’ve completed your sentence. One of the most common concerns people have after a misdemeanor DUI is whether it will show up on a background check. The short answer is that it depends on several factors, including the type of background check being run and whether your record has been expunged.
Learning about how Maryland law handles misdemeanor DUI records is important if you’re trying to move forward with your life. Read on to learn about how background checks work in this context and what options may be available to you.
How a Misdemeanor DUI Shows Up on a Background Check
In Maryland, a DUI is typically charged as a misdemeanor offense. Like other criminal convictions, a misdemeanor DUI will generally appear on your criminal record. Most standard background checks pull from state and federal criminal databases, which means your conviction is likely to come up.
That said, not all background checks are the same. The type of information that gets flagged depends on who is running the check and why.
Some of the most common types include:
- Employment background checks, which are often conducted through third-party screening companies
- Housing background checks, which landlords may use when reviewing rental applications
- Professional licensing checks, which certain regulatory boards require before granting or renewing a license
- Federal background checks, which are used for security clearances and government positions
Each of these may pull from different sources and go back different lengths of time.
Can a Misdemeanor DUI Be Expunged in Maryland?
Maryland law allows for the expungement of certain criminal records, but the rules around DUI convictions are specific. Based on Maryland Criminal Procedure § 10-105, you may be eligible to have your record expunged depending on the outcome of your case.
If your DUI charge was dismissed or resulted in a not guilty verdict, for instance, you are generally eligible to petition for expungement. However, if you were convicted, expungement options are much more limited, and the result may depend on whether your case ended in a conviction or probation before judgment.
Ultimately, whether your specific DUI conviction qualifies will depend on the details of your case. A criminal defense attorney can help you determine your eligibility and guide you through the petition process.
How a DUI Can Affect Your Ability To Find Employment
Many people worry most about how a misdemeanor DUI will impact their ability to get a job. Maryland has a “ban the box” law that generally prohibits employers with 15 or more full-time employees from asking about an applicant’s criminal record before the first in-person interview. This doesn’t mean they can never ask, however. Rather, it simply delays the inquiry until later in the hiring process.
Nonetheless, a DUI on your record can still create obstacles. Certain industries are more sensitive to criminal history than others. For example, jobs that involve driving may be harder to obtain with a DUI conviction on your record.
It is also worth knowing that Maryland law prohibits employers from using certain expunged records against you. If your record has been successfully expunged, you are generally allowed to answer “no” when asked whether you have been convicted of a crime.
Contact the Frederick Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys for Help Today
A misdemeanor DUI does not have to define your future. Maryland law provides pathways for managing your criminal record, but the process can be complex, and the rules can vary depending on your circumstances.
If you are concerned about how a DUI may affect a background check or whether you may qualify for expungement, Alpert Schreyer Criminal Defense Attorneys can help. Our team can review your record, explain your options under Maryland law, and help you take the next step. Contact us today to schedule a consultation with a Frederick criminal defense lawyer.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
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(301) 857-4771