Does a DUI Show Up On a Background Check in Virginia?

July 8, 2024
Criminal Background Check

If you have been charged with a DUI in Virginia, one of your immediate concerns might be how this charge will impact your future, particularly regarding a background check. At Rudolphi Law, we understand the stress that such a charge can bring and are committed to providing clear and effective defense strategies for our clients.

Does a DUI Appear on Background Checks?

In Virginia, a DUI (driving under the influence) conviction is a serious matter that will indeed appear on various background checks. This inclusion can have far-reaching implications on multiple aspects of a person’s life. Under Virginia law, a DUI is classified not merely as a traffic infraction but as a criminal offense.

According to Virginia Code § 18.2-266, driving under the influence of alcohol, drugs, or a combination thereof, can lead to a DUI charge. If convicted, this charge becomes a permanent part of your criminal history, accessible on public records. The Virginia State Police, through its Criminal Record Exchange, handles the dissemination of these records, which include any DUI convictions. More details can be found on their official website.

Once a DUI is recorded as a conviction, it is visible in the public criminal records. These records are widely accessible through background checks that may be performed by employers, educational institutions, landlords, and even financial institutions considering loans or credit applications.

  • Employment: Employers often conduct criminal background checks as part of their hiring process. A DUI conviction could raise concerns about a candidate’s judgment and reliability, particularly for positions involving driving or the transportation of goods and people. Certain professions, especially those in law enforcement or those that require professional licensing, might have stringent policies against DUI convictions.
  • Education: Higher education institutions may consider criminal history in their admissions processes, especially for programs that require internships or licensing where a clean record is mandatory.
  • Housing: Landlords may be hesitant to rent to individuals with criminal records out of concern for property safety and the responsibility of the tenant.

Public and Comprehensive Record Accessibility

In Virginia, the accessibility of criminal records, including DUI convictions, is governed by public record laws designed to maintain transparency and accountability. This ensures that information about an individual’s criminal history is readily available, impacting various aspects of their life due to the visibility of their criminal records. Here’s where such records can be accessed.

  • Virginia State Police: The primary source for obtaining a copy of criminal history records in Virginia is through the Virginia State Police. They maintain a detailed database of criminal records as part of the Central Criminal Records Exchange. Individuals or authorized entities can request criminal history records for a fee, which involves submitting a completed form SP-167 or SP-230. The process and forms are detailed on the Virginia State Police website.
  • Third-Party Background Check Services: Many businesses and organizations use third-party services to conduct background checks. These companies access various databases, including state and federal criminal records, to compile comprehensive reports on individuals. These services are commonly used by employers and landlords to assess potential risks associated with hiring or renting to someone with a criminal history.
  • Virginia Judicial System: The Virginia Judicial System offers another avenue through which the public can access criminal records. Their online portal, known as the Virginia Case Status Information System, allows for searches of public court records, including details about DUI convictions. This service may involve a fee, and the specifics can be accessed through their official site.

Consult a VA DUI Lawyer

If you are facing a DUI charge, or are concerned about a past conviction appearing on a background check, it is crucial to consult with a knowledgeable Virginia DUI attorney. Rudolphi Law is dedicated to helping our clients navigate through these challenging times with comprehensive legal guidance.

Contact Rudolphi Law for a consultation to explore your options and begin building a strong defense today.