Will a DUI Appear on a Background Check in Georgia?

A common question asked by those who have been accused of drunk driving is, “will a DUI appear on a background check?” Georgia has strict laws in place regarding DUIs. Notably, even an arrest that does not lead to a conviction can show up on your permanent criminal record, creating hurdles that can affect you financially, professionally, and socially. If you are facing a DUI charge, it’s important to have a diligent DUI attorney by your side who can create a strategy to fight the charges against you and lessen the impact of a DUI on a background check.

Key Takeaways

• A DUI arrest, even without a conviction, can appear on a background check in Georgia.
• A DUI arrest becomes part of your permanent criminal record and can be viewed by law enforcement, employers, educational institutions, and lenders.
• While there are no expungement options in Georgia, you may be able to apply for a record restriction if you are not convicted of the DUI and meet the eligibility criteria.

What Shows Up on a Criminal Record for a DUI?

If you’ve been arrested for a DUI, it’s crucial to understand that these details will become part of your permanent criminal record. This means the DUI arrest can be viewed as part of a background check. Specifically, once you are booked into jail for a DUI, and your photo and fingerprints are taken, your information is submitted to the Georgia Crime Information Center (GCIC), a division of the Georgia Bureau of Investigations. This is the entity responsible for maintaining criminal records that can be accessed by law enforcement and the public, as well as employers who seek to conduct background checks.

The following information typically shows up on your GCIC record:

• Biographical information
• The details of your arrest
• The criminal charges filed by the prosecutor
• Judicial dispositions, including convictions, acquittals, and dismissals
• Jail time served and release dates

Unlike in other states, a DUI conviction cannot be removed from your record or expunged in Georgia. DUIs are also excluded from sealing under the state’s “second-chance” law. In other words, a DUI would permanently remain on your record and show up in background checks. However, if you were not convicted and you meet the qualifying criteria, you may be entitled to request a record restriction to limit who can access the information. You can request your own criminal record to verify the information it contains.

The Impact of a DUI on a Background Check

Collateral consequences can result when a DUI shows up on a background check. Apart from the criminal conviction, and the implications that can come with one, a DUI can impact many aspects of your life. For instance, employers, landlords, educational institutions, and professional licensing boards may see your record. A DUI on a background check can limit your career opportunities, lead to suspension of a professional license, result in denial or loss of security clearance, and make it difficult to obtain loans and financial aid.

Anyone who drives as part of their employment may also be impacted by a DUI on their record, including CDL drivers, delivery drivers, and those who use company vehicles. Critically, Georgia has a zero-tolerance standard for commercial drivers, even if the DUI occurs in a personal vehicle. In addition, if you have a position in healthcare, law enforcement, or education, a DUI conviction may also jeopardize your career. While a DUI arrest can show up on a background check in Georgia regardless of the outcome (and employers may potentially view the arrest as a risk factor), it’s vital to take the necessary steps to avoid a conviction.

How Can You Reduce the Impact of a DUI on a Background Check?

Although you can’t remove a DUI on a background check, there are still ways you can reduce the impact. A knowledgeable criminal defense attorney may be able to negotiate a favorable plea deal with the prosecution to reduce the charges to reckless driving. If you have a good legal or factual offense, you can also take your case to trial and be found not guilty of the DUI. Although this would not remove the DUI arrest from your record entirely, a traffic offense may have less stigma associated with it than a DUI conviction.

If you are concerned about a DUI on a background check, it’s essential to have a skillful attorney by your side who can fight the DUI charges against you. At The McCoy Law Firm, LLC, our DUI attorneys have decades of experience providing representation for defendants facing DUI offenses across Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.