A Former Prosecutor Defending Clients in Wyoming and South Dakota

Will a Wyoming DWUI Charge Appear on a Criminal Background Check?

A Wyoming DWUI charge, even if it does not end up in a conviction, can negatively impact your career, especially if you are a commercial driver with a CDL. That’s why it’s important that you know what’s on your criminal record and, if you are facing Wyoming DWUI charges, why you need a skilled and experienced Wyoming criminal defense attorney to help minimize the damage.

Given the current economic climate, finding and getting hired at a good job is not easy, and should not be taken for granted. Pre-employment screening, even for entry-level positions, is rigorous and can make getting a job difficult. Having a Wyoming DWUI charge on your criminal record can make it harder to find a job, and may make it more difficult for you to earn a living. If you have been convicted of a DWUI in Wyoming, or if you are facing Wyoming DWUI charges, it’s important that you understand whether a Wyoming DWUI charge will appear on a criminal background check.

Why Is a Criminal Background Check Necessary?

Criminal background checks can be used for a number of different purposes, including:

  • By an employer when deciding whether or not to hire you;
  • By professional associations when deciding whether to issue a license;
  • By colleges and universities when deciding whether to accept you as a student; and
  • By courts and law enforcement when assessing criminal charges and sentencing

The information that appears on a criminal background check may vary depending on what type of criminal background check is being run, and what type of criminal record you have.

A criminal background check is required for certain types of jobs, and especially jobs that involve working with children, the elderly, and the disabled. Most criminal background checks are limited to whether you have committed a felony; however, depending on the type of job you are seeking, a conviction for a Wyoming DWUI might appear on a criminal background check.

A conviction for a Wyoming DWUI does not necessarily preclude employment, but a DWUI conviction could factor into an employer’s decision on whether or not to hire you.

What Information Is Contained in a Criminal Background Check?

When most people think of a background check, they think of a review of your criminal history. In reality, a background check can contain much more, including education and employment history, civil records, civil lawsuits, bankruptcies, tax liens, collection amounts, whether there are any outstanding warrants for your arrest, and a sex offender registry check. Different employers will use different background checks depending on the type of job. For example, people who work with the elderly, the disabled, children, or who handle people’s financial records are subject to more in-depth background checks.

A basic criminal background check will include a criminal records check of state and federal courts where you live. A slightly more in-depth criminal background check will also include state and nationwide criminal records, which can uncover criminal charges that may have occurred while you were traveling or on vacation.

A conviction for a Wyoming DWUI will appear on most criminal background checks. Related criminal charges, such as for physical control or refusing a breathalyzer test, may also appear on a background check. However, an arrest without a conviction often will not show up.

Also, remember that the internet is a powerful tool when it comes to informal background checks. Understand that employers can access public records online, and most will look at your social media accounts. That’s just one of many reasons why it’s wise not to discuss any criminal charges you might be facing on Facebook or other social media platforms.

Will an Arrest for Wyoming DWUI Without a Conviction Appear on a Criminal Background Check?

The Fair Credit Reporting Act applies to criminal background checks in all states and prohibits the reporting of arrests after a period of 7 years. Criminal convictions may be reported indefinitely.

Can an Employer Refuse to Hire You Because of a DWUI Conviction?

Title VII of the Civil Rights Act prohibits employers from discriminating against employees on the basis of whether they have a criminal conviction unless the employer can prove a legitimate business reason to do so.

Wyoming law does not address whether an employer can turn down a job applicant based solely on whether that applicant has a criminal conviction. If you believe you were turned down for a job in Wyoming based on information contained in a criminal background check, you will need to rely on federal law.

While it might be illegal for employers to discriminate on the basis of a criminal conviction, most job seekers have no way of knowing what whether they were passed over because of a criminal conviction or for some other reason.

What If I'm a Commercial Driver(CDL) and am Charged with a Wyoming DWUI?

If you drive commercially and are charged with a DWUI, the consequences are even more severe. Bus drivers, truck drivers, and other professionals who hold a Commercial Driver’s license (CDL) are held to a higher standard than non-commercial drivers.

Commercial drivers are governed by the Federal Motor Carrier Safety Administration (FMCSA), which stipulates that commercial drivers may not operate a commercial vehicle within four hours of consuming alcohol, and specifies a .04 BAC limit. This is half the legal BAC limit for non-commercial drivers.

If you are a CDL holder and are charged with a DWUI while on the job, you are subject to the same penalties as a non-commercial driver. However, you are subject to a longer license suspension which can result in a loss of your livelihood.

Concerned that a Wyoming DWUI Will Appear on a Criminal background Check?

If you have been charged with a Wyoming DWUI and are concerned about whether it will appear on a criminal background check, the team of Wyoming DWUI defense professionals at The Law Office of Christina L. Williams can help. Contact us today at (307) 686-6556, email office@wyocriminallaw.com, or complete our online form.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

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