Am I required to report a DUI to my job? 36 Answers as of July 11, 2013

I started working 2 months ago and the paperwork I filled out at the time I said I don't have a felony because I had not been charged yet. I was charged last week after the hearing, do I have to tell my employer now?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You are under no obligation to report an arrest to your employer unless it is in your employment contract.
Answer Applies to: New York
Replied: 7/24/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Whether or not you are required to disclose your DUI to your employer depends on the manner in which the request was made. If the application asked if you had been convicted, then you were honest in saying no. If the application asked if you had been arrested, then you should have informed the employer. If you have an employment contract, I would look it over to see if there is any type of policy that states you need to inform your employer of arrests made during your employment because that might include convictions. Whether or not it is required for you to inform your employer of the DUI, you probably should. Honesty is the best policy.
Answer Applies to: California
Replied: 7/13/2011
The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
You have no requirement to report a DUI to your employer. However, if there is something in your contract that states you must report a criminal offense (ie. Pilot to the FAA) then you must. It all comes down to your employment and any employment contracts and agreements.
Answer Applies to: Washington
Replied: 6/29/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
If you signed a contract with your employer that requires reporting a DWI or if policies are in place in that regard, you may be required to report or face employment sanctions and even termination. There is no statutory obligation to do so.
Answer Applies to: Minnesota
Replied: 6/28/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
The main word is "Felony" In Michigan unless this is your third OUIL or somone was killed or seriously injured then it is not a felony. And being charged is not being convicted.
Answer Applies to: Michigan
Replied: 6/28/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    If you have a employment agreement that requires you to yes. If you drive for your job, yes if convicted. If not maybe they will not find out.
    Answer Applies to: Florida
    Replied: 7/10/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You should not be obligated to tell your employer unless you are working under an agreement whereby you had agreed to inform them of future charges.
    Answer Applies to: Kansas
    Replied: 6/27/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Does your employer have a written policy you can refer to?
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There is no requirement that you inform your employer. however, that does not solve the problem. If your employer does a background check and the felony charge is revealed, this by itself could be a problem. Further, if you are in a state like Michigan where you can be discharged with or without cause, then you could be discharged. Finally, if the application states that you need to update information and you do not, then you could be viewed as having submitted a false application.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    No. There is no legal obligation to report an arrest to your employer unless you work in a job such as law enforcement.
    Answer Applies to: California
    Replied: 7/11/2013
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It depends on what the forms said that you filled out and whether or not your job involves driving. If it involves driving, your work's insurance may require them to report DUIs. It is hard to tell without knowing the nature of the job and the insurance they carry.
    Answer Applies to: Pennsylvania
    Replied: 6/27/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    It depends what job you have and on your employment contract. Normally no, but if you are required to drive for a living or have a commercial license the requirement may be different. Remember, just because you were charged is not a conviction. You are presumed innocent until you a either found guilty by a jury or enter a plea. Again, you probably should check the terms of your employment contract as this question is too general and might not apply to your specific situation.
    Answer Applies to: California
    Replied: 6/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    DUI isn't a felony in Washington unless you have five prior convictions for DUI.
    Answer Applies to: Washington
    Replied: 6/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. You do not. Unless you are a teacher, police officer, secret service agent, lawyer, treasury agent or something like that. Then you may have to report yourself. In general though, I would say "no". You don't have to tell anyone. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
    Answer Applies to: New York
    Replied: 6/27/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for DUI is not a felony conviction unless it is your fourth conviction.I suggest that you read your company's policy as to the reporting of arrests and convictions to determine whether you have an obligation to report the DUI.
    Answer Applies to: Alabama
    Replied: 6/27/2011
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    It really depends on whether you employer requires you to update them with new information. More importantly, if your employer's paperwork was inquiring about a "felony", then you shouldn't have to do anything. A 1st offense DUI is not a felony in Tennessee. It is a misdemeanor. F
    Answer Applies to: Tennessee
    Replied: 6/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, if your job involves driving for a living because with a felony charge, and/or conviction, it will have a deliterious effect upon your employer's business insurance. On the other hand,if you do acknowledge such a charge and you drive the employer's vehicles, you are likely to lose your job right away.Ultimately, it's your choice. Good luck.
    Answer Applies to: New York
    Replied: 6/27/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. This is more of a question that is specific to the facts of your employment application and contract rather than a question based on legal theory. Your application/ employment contract may have a clause that states you must disclose any subsequent offense to your employer. If there is no such content in your application and no such employment contract, you may be safe. However, you should consider your boss's reaction if he ever finds out about the criminal charge and how that would impact your position. It may come off as dishonest especially if your employment encompasses driving.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    You need to be a little more specific about your job; simply having pending criminal charges involving a DUI can sometimes affect jobs of people working in public safety positions, including jobs involving transportation (such as railroad engineers.) And if you signed some kind of an agreement when you began employment that you would notify your employer if you were charged with an offense, you may have the obligation to do so. Finally, if "the hearing" you are talking about was some kind of a preliminary hearing and you were held to answer on charges, rather than found guilty, you do not yet have a conviction. I don't have enough facts to give you a definitive answer: Helmandollar v. DMV (1992) 7 Cal.App.4th 52Consult the lawyer who represented you at the hearing.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    That depends on what you agreed to. If the paperwork only asked if you have been convicted with a felony. Then, no...because as of the date you signed the paperwork, you were not convicted of a felony. Also, unless there was an accident causing injury, or if you have had multiple DUI's, it will most likely be charged as a misdemeanor (which is a lessor classification of a crime than a felony). And remember, there is a difference between a "charge" and a "conviction." You can reach me through 1duilawyer.com for more info or if you would like to discuss your case in further detail. If in the paperwork, you promised to notify them of any future charges or convictions, then that may be a different story. Regardless, you should speak with an experienced DUI attorney about your case. I would be happy to help you out.
    Answer Applies to: California
    Replied: 6/27/2011
    The Chetson Firm, PLLC
    The Chetson Firm, PLLC | Damon Chetson
    You are not required by law to notify your work of a DUI in North Carolina. Other states may have other laws about which I'm unaware. You may be required by your employment contract or workplace rules to notify work of criminal charges. You should look through your employee handbook or contract. You should consult with a qualified DWI lawyer in your jurisdiction before taking action.
    Answer Applies to: North Carolina
    Replied: 6/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    First, operating under the influence of alcohol and/or drugs is not a felony unless it is a 3rd offense. The answer to your question probably lies in the employee handbook.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You say you were "charged" after the hearing. If you mean you were convicted, you may have an obligation to update the document. It really depends what the document says and what obligation it imparts to update it as things change. Typically employment applications merely ask your status when you fill it out. I would have to see the document and also understand whether or not you were actually convicted, or merely charged with the DUI. Very few employers can ask if you have been charged, since you are still considered innocent until proven guilty beyond a reasonable doubt. Another issue is that in MA, a 1st offense DUI is not a felony. It is a misdemeanor.
    Answer Applies to: Massachusetts
    Replied: 6/27/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    In most jurisdictions a DUI is not a felony and under the fact that you have presented in you question you would not have to report it. Some states may have laws which differ from the general rule and it would be wise to review the law in your state or consult a local attorney.
    Answer Applies to: District of Columbia
    Replied: 6/27/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    A standard first time DUI is a misdemeanor unless there are injuries to someone other than you. Whether or not your employer has a morals clause or a self-reporting clause, I don't know, but if they're asking only about felonies, you should be clear. If they're asking about convictions, you don't have one just by being charged, only after a plea or finding of guilt by a jury and sentence is imposed.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Depends on your employer's policy but if it is your first DUI it is likely not a felony.
    Answer Applies to: Kentucky
    Replied: 6/27/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Not unless the company policy requires it. Read your employee handbook. Probably not. If the company does periodic background checks, as many do, they will see it the next time. DUI is not a felony unless there was an accident with injury or property damage. But, if you drive on the job as part of your duties, you have a problem. Generally a DUI could get you fired as an insurance risk. Plus, normal procedure is for DMV to automatically suspend your license for a year upon your arrest.
    Answer Applies to: California
    Replied: 6/27/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Normally, A DUI is a Misdemeanor and does not have to be disclosed. However, you may have to report even a misdemeanor if you signed any paper work with your employer that you agreed to report all criminal charges and/or DUI's . I would recommend that you immediately retain a private criminal defense attorney or if you cannot afford one, request a public defender.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    You are under no obligation to tell an employee about a crime. You answered truthfully and hopefully they have already completed the background check on you.
    Answer Applies to: California
    Replied: 6/27/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First of all a DUI is not a felony. Repeated DUIs might amount to a felony, but one DUI is not a felony. Second, only you can get a sense of the corporate climate at the job. If they frown upon any type of contact with the law, and you think they would want to know, then maybe it will be good to inform them. If they really frown upon contact with law enforcement and you think they will fire you then maybe you should not tell them. Third, what are you going to be telling your employer when you have to take off to go to court? A lie? I suggest that you retain an attorney and stop playing around, before you really get fired.
    Answer Applies to: Georgia
    Replied: 6/27/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You are no legally required to notify your employer. However your employee manual may require notification or be subject to termination
    Answer Applies to: Connecticut
    Replied: 6/27/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    A DUI is not a felony unless it is your third one. There is no law compelling you to tell employers or potential employers about convictions or criminal charges. However, it is always best to err on the side of disclosure and honesty because you don't want to lose a job simply because you withheld information or were not being forthright. Many employers understand that a lot of people have DUIs, marijuana charges, and other misdemeanors on their record. Felonies are what really come back to haunt you. I doubt a DUI would hurt you unless you are driving to get some job as a driver or in public transportation. Check with your employer to see what the policies are.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Your DUI should not be a felony, so you are still within your correct application if that is what was asked.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    At least in Texas, there is no requirement to report any offense to an employer, even if they ask. It is simply not a crime to not report it although you could be fired for not reporting or obtaining a new charged. At this point, you have not been convicted, only charged. And, if it is your first offense with no aggravating factors, it is a misdemeanor and not a felony.
    Answer Applies to: Texas
    Replied: 6/27/2011
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