Dear CareerBabe...

Dear DUI’d:

First of all, go read the Computer Currents article called "Checking Up: Background Checks Are Touchy Business". It will give you a good idea of what employers can check on and their responsibilities to tell you that they are checking since an employer cannot just investigate your without your knowledge. However, just so you know, employers often use independent third party companies like Avert, HireRight, Diligence.com and Nationwide Investigations to verify and supplement the information provided by job applicants. This information usually pertains to an applicant’s court record, education, professional licensing, driving record, credit, and personal or employment references. Since these third-party companies that conduct the pre-employment investigation are often considered consumer reporting agencies under the Fair Credit Reporting Act (FCRA), if a third-party provider is involved in the hiring process, the provisions of the FCRA apply to this process.

Under the provisions of the FCRA, the independent consumer reporting agency has the responsibility to provide current, accurate information and the obligation to confirm that the information provided will be used legally and fairly. In most cases, the consumer reporting agency may not report negative information that is more that seven years old. Additionally, a consumer reporting agency may not give out information about an applicant to an employer, or prospective employer, without the applicant’s written consent. Finally, when an employer uses information from a consumer reporting agency to deny employment, the applicant must be told, and given the name, address, and phone number of the consumer reporting agency that provided the information.

According to Chris Baker of Avert, despite the protection an applicant is afforded under the FCRA, because most employment application forms contain language stating that false or misleading statements made during the interview and on the application form are grounds for terminating the application process, if DUI'd out of a job is asked a job related question about his or her driving record, honesty may be the best policy.

Best of Luck, and drive safely!

CareerBabe accepts no responsibility for specific decisions of individuals and advises each individual to seek specific advice on their specific situation from qualified professionals.