Criminal Defense Q&A: Will My DUI Conviction Prevent Me from Getting Hired as an Architect?
Question:
Will a DUI conviction prevent me from employment in an architecture firm? I received a DUI conviction 2.5 years ago: misdemeanor, no injuries, no jail time. I finished all mandatory classes and paid all the fees. This was a first-time offense, and it is the only conviction on my criminal record. I am not a licensed architect yet but am pursuing a career in the architecture field. Will this affect my chance in getting the job? A company is currently going through a background check on me, and all issues (education, credit, previous employment) are cleared except Orange County Court is taking more than 7 days as the company requested/ expected.
Answer:
Once a conviction is expunged, employers are prohibited by law from asking you about the conviction; nor can they discriminate against hiring you if they discover the expunged conviction later on in the hiring process. Labor Code 432.7(a)(1).
However, without an expungement, an employer is free to disqualify you from the job upon discovering your conviction.
It is difficult to say for sure whether this employer will actually disqualify you. Although the decision to do so may become easier if there other, equally qualified candidates to choose from who have not suffered a criminal conviction.
To ensure that your past conviction doesn’t sabotage your future job opportunities, it would be prudent to seek an expungement of your conviction. Obtaining an expungement demonstrates that you’ve completed your probation, that you were not sent to prison, and that you were able to rehabilitate to the satisfaction of a Judge.
An endorsement from a Judge is especially helpful for someone who must obtain a license from the California Architects Board. Licensing agencies are fee to consider an applicant’s conviction — even an expunged conviction — when deciding whether to issue the applicant a license. Penal Code 1203.4(a)(1). An expungement can help you present your conviction to the Architects Board in the best possible light, thereby maximizing your chances of obtaining your license.
Read other criminal defense attorney answers at Avvo: Will My DUI Conviction Prevent Me from Getting Hired as an Architect?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
