How will a Washington DUI arrest affect my employment?
If you have recently been arrested for DUI here in Washington State, one of your primary concerns no doubt involves your employment. Our attorneys are often asked by our clients if they are required to inform their employers of their DUI arrest or Drunk Driving conviction. Washington's DUI laws have no self-reporting provisions that require disclosure to your employer at any stage of the proceedings, including even after a DUI conviction. Some employers, however, may attempt to compel disclosure through either a collective bargaining agreement or through their own internal administrative and personnel policies. If you believe that you may be required to disclose your DUI to your employer as a condition of your ongoing employment, it is imperative that you speak with an experienced Washington DUI attorney as soon as possible.

If you are already employed and are arrested or charged with DUI, a conviction may result in your termination. In fact, more and more employers will now terminate your employment, or suspend you from any company-related activities involving driving, if they merely learn that you have been arrested for DUI or that you currently have a WA drunk driving charge pending. In most cases, the first place to check is your employee handbook or your collective bargaining agreement. As a practical matter, you are already probably aware of whether or not your company periodically updates its personnel files and simultaneously runs another criminal background and driver's history check during its updating process. If this is the case, you should plan on both your arrest and you conviction, if any, being found. Most employers do distinguish between being charged and being convicted.

The question of whether or not to report an arrest or a currently pending WA DUI charge is a subject that you should address with one of our knowledgeable lawyers, especially if you believe that you have an obligation to self-report the arrest or a pending criminal misdemeanor charge. If at all possible, however, do not raise the subject with your employer until you have had an opportunity to speak with an experienced Washington State DUI Lawyer. It is always best to learn about your rights and obligations before risking a reprimand, a demotion, or possibly even termination. If you have questions about this subject and you also have a copy of your employee manual or a copy of your collective bargaining agreement, please bring it with you during your initial consultation with one of our experienced DUI attorneys.

Finally, there are certain jobs, such as those within the government sector (especially those with a high security clearance) that may not be able to avoid a DUI / DWI being detected. As a practical matter, any government agency or subcontractor dealing with government projects will be scrutinized at a far higher level than a normal employee. Additionally, these institutions have direct access to more difficult-to-access computer databases, such as the NCIC (National Crime Information Computer), the NICS (The National Instant Criminal Background Check System), as well as others, including Washington State's complete criminal history database. Every ARREST will be shown in these comprehensive databases. If you believe that you may fall into one of these special employment categories, please call our offices immediately and ask to speak with one of our knowledgeable DUI defense lawyers.

In general, the public is not allowed to access these federal databases or Washington's complete criminal history database. These criminal records databases are supposed to be used primarily for law enforcement purposes. Criminal records in these databases are not supposed to be legally accessible to the general public. Again, however, you should not count on your current or future employer not learning about your DUI arrest, even if you are never convicted of anything. Laws regarding the dissemination of information are always changing. Additionally, there is always the possibility that some unscrupulous background agency will attempt to inappropriately access them.
Washington State Criminal Background Checks

As to the specific issue of future employment, many employers will not hire you if you have a drunk driving conviction on your driving record. With the rise of the information age, your driving history and your criminal conviction record are easily accessible. Anyone can access your Washington State Department of Licensing driving record and your criminal history here in Washington because both are public records. The most common type of criminal background check is through the Washington State Patrol Identification and Criminal History Section database (WASIS). This web site is the official Internet source providing criminal history conviction records for the state of Washington.

The WASIS database is comprised of records sent to WASIS by courts and criminal justice agencies throughout the state. This database includes conviction information, arrests less than one year old with dispositions pending, and information regarding registered sex and kidnap offenders. The Washington State Patrol criminal history file also contains additional information such as arrest records, that is not supposed to be accessible to the general public. That does not mean, however, that your DUI arrest and other criminal misdemeanor records are completely inaccessible by your employers even though it may difficult and potentially unlawful for them to access them.

The Criminal Records Privacy Act specifies criminal history dissemination guidelines. Conviction data may be released without restriction. Non-conviction information is not available to the public. The legislation also requires that information be kept about the person requesting the report, such as the target of the search, the name of the person requesting the search, and date the search was conducted.

The simple truth is that it seems as if more and more employers are performing criminal background and driving history checks these days. Part of the reason for this is that with information so much more readily available it is much more cost effective than it was in days past. Indeed, many internet companies now specialize in very detailed background checks of prospective employees.

In many instances, it is simply impossible to know how deep a potential future employer may dig during their background check. Increasingly, however, even a single conviction for drunk driving is grounds for automatic disqualification. This is especially true if some aspect of your employment would entail your needing to drive. In some cases, employers will attempt to go back a certain number of years during their investigation. In other cases, however, employers will look back as far as they are able to given the resources that they are willing to expend. Here in Washington, both your entire driver's history from the date you started driving, as well as your entire criminal conviction history from the day you turned 18, are matters of public record and readily accessible. This means that your employer will be able to access these records if they or their investigator decide to do so.