The Driver License Division (DLD) of the Utah Department of Public Safety – essentially Utah’s DMV – is responsible for issuing driver’s licenses and renewals. They are also responsible for suspending driver’s licenses after drunk driving charges and managing your driving record. In many cases, if your employer wants to know about any DUIs on your record, they’ll have to check with you directly or check with the Driver License Division. Usually, these records aren’t reported to your employer automatically, but there might be exceptions to this general rule. Overson Law’s Salt Lake City DUI defense lawyers explain how we can help fight a DUI and what your employer might be able to find out about any new DUI charges.
Does the DMV Tell My Employer About Drunk Driving Charges?
If your employer wants to view your driving record, they usually need your permission to get a copy. If an employer is going to check your driving record as part of your background check, they will usually need you to sign-off and give your permission for them to access your records, or they will ask you for a copy of your records. You can usually order a copy for them from the DLD. In some cases, you might have to authorize your employer to do ongoing or periodic checks of your driving record, which might give them the authority to get direct notice if you commit a DUI or another serious traffic offense.
If driving is not part of your job, your employer might be content checking your criminal record alone and not checking your driving record. A criminal record in Utah will typically show charges for driving under the influence, as these are criminal offenses as well as driving offenses. An arrest might also show on this record, which means that your employer could see this record before you’ve been found guilty of anything illegal.
If you work as a truck driver or another commercial driver, your employer might be more invested in getting access to your driving record. You might be required to allow them access to your entire driving record, meaning that they could find out about any traffic offenses on your record. If your employer runs periodic checks of your driving record, they might not find out about new charges in real time, but they will still find them eventually.
In some cases, the rules for maintaining your commercial driver’s license or your current job might require you to notify your employer about any charges or convictions for DUI, meaning they won’t even have to check with the DLD to find out about a DUI. If you have a suspended driver’s license and can’t show up to work – or you will be unable to perform job duties that involve driving – your employer might also find out that you have legal problems because of the circumstances.
Keeping DUI Charges Off Your Record in Utah
In most cases, the best way to avoid having your employer find out about an entry on your driving record or your criminal record is to avoid the charge in the first place. Our Salt Lake City criminal defense lawyers work to fight DUI charges so you can keep a clean record.
With DUI charges, there are a few ways to get charges reduced so that they don’t appear on your record as a DUI. Utah law allows some plea negotiations with prosecutors to allow your charges for driving under the influence to be reduced to impaired driving charges. While the level of crime is still a class B misdemeanor, it might carry reduced penalties.
Some DUI charges can also be “pled down” to reckless driving charges. These charges might still be entered on your record as alcohol-related reckless driving charges, but they will not appear as DUI charges. If your employer does not look for other driving charges besides drunk driving or impaired driving, these reckless driving charges might not even appear on their records check. If they do analyze your whole record, they might still see the reduced charges, but they might not think of them as being as bad as DUI charges, which can help you avoid or reduce any repercussions.
Record Expungement for DUI Charges
A new employer might run a background check or a driving record check. If your record already includes a DUI, they will likely find that record. However, you may be able to file to have your record expunged, which can help keep this record from your employer’s eyes, potentially helping you avoid problems with a background check.
Utah’s expungement laws allow older offenses to be cleared from your record. Some charges cannot be expunged – such as felony DUI charges, violent crimes charged as felonies, and sex crimes – but standard DUI offenses can be expunged. Sometimes you cannot file for expungement if you have other charges pending or if you’ve already had other charges expunged, but your lawyer can help you analyze your eligibility.
Typically, DUI charges can be cleared from your record after 10 years. DUI charges are considered repeat offenses if they occur within 10 years of a previous DUI, and too many repeat offenses can mean facing felony DUI charges instead of misdemeanor charges. If a charge is older than 10 years old, these records can be cleared. Once your DUI is expunged, it might remain on your driving record, but it should no longer appear on a criminal record check.
Talk to a lawyer to check your eligibility and make sure that all fines and penalties have been paid or served so that you can file for expungement in Utah.
Call Our Utah Expungement and DUI Lawyers for Help with Your Case
Our Utah criminal defense lawyers represent the accused and work to fight DUI charges and expunge old convictions to help keep our clients out of jail and make it easier for them to pursue job opportunities. For a free legal consultation with our lawyers, call Overson Law today at (801) 758-2287.
