My partner got a DUI at 19 and served a 30 day sentence. He’s been extremely successful working at a small agency for the last 10+ yrs but is looking to go client side and has had a very difficult time landing something. How much of his history can potential employers see and how might that vary by company size?

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He should work to get that expunged from his record, but honestly if it’s flagged by a background check, all HR departments will say something to him and ask him to explain himself. I’ve had people come up for drug charges and we still hired them. I would thing that DUI should be off his record by now anyway

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The most important thing to do is make sure that he declares it for the background check. If it's a long time ago most employers will let it pass but being discovered lying about it will almost definitely result in a job offer being rescinded.

likesmart

Most companies look back 7 years, although some do 10 years. He should never lie about it, but can disclose it on the background form. If it comes up in the background check, he then has usually 5 days to respond & will receive the report & request to respond in writing. As long as he does respond in writing & then has a conversation with his HR contact there should be no issues.

I do have a question from your original post...is he getting offers & then being declined/offer rescinded or it is coming up before an offer and he never gets one? If it is not being brought up at all, then it is not the issue. I’d do a Google search of his name & see what comes up. What social media is public & what can be viewed. While this should not be taken into consideration, it can sometimes be done by hiring managers.

I think DUI’s stay on the record for at least 10 years but varys a ton. Florida it’s on there for life, but it depends on the state and if it’s a felony or misdemeanor

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If your partner had a decent lawyer it’s very likely it’s no longer on his record, especially if it was a first offense. I know this sounds shady af but I have access to court records (partner is an attorney). I can run his name for you and see if anything comes up. PM me if you want. All I need is name and maybe a state or middle initial if it’s a common one.

smart

I don’t think most ad agencies do that type of background check. Heavily regulated industries like finance, pharmaceuticals and government contractors will generally do deeper background checks for Arrests or convictions germane to the industry in question, ie embezelment.

A 10 year old DUI is generally not considered a reason not to hire someone, and most companies would rather just not know.

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Ive never had a background check in smaller agencies, but even as a Consultant/Freelancer, Ive had background checks by large companies I've worked for.

Some companies ask about all that stuff in the application.

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