Do I have to list a DUI as a criminal offense on a job application? 7 Answers as of July 27, 2012

If you do not, you are lying on the job application. If you get 'investigated' later, then can terminate you for lying on your application. I had a workers' compensation client terminated because they discovered 3 years into the job that he lied on his application, and he lost 15% of his compensation recovery and was jobless with no Unemployment Insurance because he lied on the job application. So, if you decide to lie on the Job Application, be prepared to be fired for cause with no Unemployment if you get injured or closely reviewed.

A potential employer may not ask about an arrest or detention that did not result in a conviction. It also may not ask about referrals to or participation in a pretrial or posttrial diversion program. It may, however, ask about convictions for DUI, where that conviction has not been set aside, overturned on appeal, expunged, or otherwise removed from the record. A DUI would also qualify under the notion of a "criminal offense." Moreover, the job application should be completed truthfully.

Yes, although a DUI is processed through both the criminal system and the DMV, since it is at least a misdemeanor it does have to be reported as a criminal offense.

It would depend on how the application is worded (criminal offenses in general or felony convictions), and what exactly you were convicted of regarding your DUI. In the event that you choose not to disclose it and your employer finds that you were dishonest in your application, it could be grounds for termination. If you have any questions about your specific circumstances, you should consult with an attorney in your area.

The context of the specific question asked is important. Does it say list all criminal convictions? felonies? Misdemeanors? Are you applying for a driving job? A lot of the above plays a role into what you must answer. Don't lie on a job application, as that is grounds always to be let go.