DUI Job Advice Forum

[Anonymous User]

So fall of my 3L year I made a mistake and was arrested for a DUI. By this time I had already completed my summer associateship at a firm and received and accepted an offer. Prior to this arrest, I had a spotless record, so there was nothing to disclose on my law school application. After hiring a lawyer, waiting three months for my pretrial, I finally pled to a careless. I also pled to the DWI, but the adjudication of which is stayed for 2 years. So long as I don't violate my probation, complete the court ordered service days, day long program, and pay the fines, the DWI will be dismissed. It will, of course, still show on my criminal record that I was arrested and it was dismissed. I know that for purposes of the C&F the key is candor. I'm actually less concerned there. My bigger concern is the firm that I worked so hard to get an offer from, and which I know will run a background check prior to my starting. They are also paying for my bar exam expenses. I am doing everything I can to get this all sorted as soon as possible, but I don't know how to tell my firm. Do I email/call the head of HR or the recruiting person and just tell them? Should I wait until I do my C&F stuff? (I'm planning to submit as soon as I can). I really, really like my firm, and I don't want to mess things up anymore than they already are. I don't know what I would do if the firm I've been telling everyone I know that I'm working for, and that I legitimately like, tells me that this mistake cost me my career with them. Any advice would be much appreciated.

[Anonymous User]

Happened to me during 2L. They ran the background check after I accepted my summer associate position but just said I passed it. Don't think they ran another one but I don't know. I tried to preempt the background check results and tell them right away but was too late and they were just like thanks for letting us know. Never heard another word about it ever again (other than CF). Sounds like you know more about your firms practices though and they sound different.

[Anonymous User]

The only thing I know about my firm's processes is the offer letter, which lists, almong other things, that my offer is contingent upon successful clearance of a background check. Whatever that means....

How did you tell them? Call them up?

[Anonymous User]

No personal experience with this, but it actually happened to one of my close law school friends in 2L (did not lose his V20 SA/job offer). Now I could be off base, but I actually wouldn't tell them anything. You've probably passed every background check up until now bc the DUI was so recent.

It's not like you signed a contract with the firm promising to tell them every time you are charged with something. That sounds bad, but I honestly can't see why you have to disclose it. Now if the question is whether you should disclose it I don't about that either. Who would find out? HR? They honestly probably don't even want to deal with this

[Anonymous User]

The only thing I know about my firm's processes is the offer letter, which lists, almong other things, that my offer is contingent upon successful clearance of a background check. Whatever that means....

How did you tell them? Call them up?

Yea called up the recruiting contact I had at the time. Only reason I was trying to be so forthcoming was that it literally happened like while they were running the check. I hadn't even resolved it yet and felt I needed to explain it and get out ahead of it, basically. I totally agree with other anonyn. Just let it ride. I highly highly doubt anything comes of it and you probably never hear a word from anyone. Your bigger concern should obviously be CF, which will probably be okay as well but is certainly more precarious.

[Anonymous User]

Not that this will be much help, but it might make you feel better.

Have a friend who got arrested before his SA and he disclosed to the firm (V50). They still gave him an offer and they even referred him to the firm attorney who handles these kinds of things to make sure the C & F issues are cleared.

[Anonymous User]

I doubt DUI is a big issue.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

Federal? Have one and am worried about AUSA background check.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

Federal? Have one and am worried about AUSA background check.

No, state ADA.

FWIW, and not to make you feel more anxious, but I did an internship with an AUSA office and had 1 underage drinking ticket from freshman year of undergrad - never a DUI or even an arrest - and was asked to explain it at length. It ended up delaying my clearance, but ultimately ended up not being a problem. I disclosed that, though; I doubt it came up on the background check. I would think if you disclosed and had a chance to explain, hopefully it will not be a problem, but I do not have any specific experience to your question. Best of luck.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

Federal? Have one and am worried about AUSA background check.

No, state ADA.

FWIW, and not to make you feel more anxious, but I did an internship with an AUSA office and had 1 underage drinking ticket from freshman year of undergrad - never a DUI or even an arrest - and was asked to explain it at length. It ended up delaying my clearance, but ultimately ended up not being a problem. I disclosed that, though; I doubt it came up on the background check. I would think if you disclosed and had a chance to explain, hopefully it will not be a problem, but I do not have any specific experience to your question. Best of luck.

Thanks. At the time of application it will have been 6-7 years. I, too, had a drinking ticket freshman year, which will have been almost 15 years at that point. Hopefully the passing of time will negate it but I really have no idea.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

Any idea how much time had passed between the DUIs and the job? Mine was about 6 years ago and trying to get an idea of whether there's been enough time.

[Anonymous User]

I had 4 similar level misdemeanors up to law school, with the last 2 being during 1L. I never disclosed to anyone other than C&F and passed every background check I had to take. Probably about 5 background checks total. Also didn't have any substantial issue with C&F, but probably took me a little bit longer to clear

[Anonymous User]

I had a DUI two years before law school. Only negative on a background check/application, but during law school I passed background checks for internships at multiple federal agencies, including the White House complex, DOJ, and fed courts. I'm now a state prosecutor. Sometimes I get asked for more info, other times they just process whatever the application called for.

It's something you'll have to keep explaining on most apps for the rest of your life, but don't stress that it's going to be any kind of significant hurdle unless you have additional negative stuff on your background.

[Anonymous User]

Definitely disclose. You're in a world of shit if you do not disclose and get caught, whether to your employer or the bar examiners.

[Anonymous User]

I had a DUI two years before law school. Only negative on a background check/application, but during law school I passed background checks for internships at multiple federal agencies, including the White House complex, DOJ, and fed courts. I'm now a state prosecutor. Sometimes I get asked for more info, other times they just process whatever the application called for.

It's something you'll have to keep explaining on most apps for the rest of your life, but don't stress that it's going to be any kind of significant hurdle unless you have additional negative stuff on your background.

I'm one of the above anons that had a DUI 2L year, which will be 7+ years ago when applying for DOJ/AUSA. I am obviously disclosing and not one of the anons considering not - but wondering if there were any issues at all with DOJ background check (I know it was internship, and that you ultimately passed, but still). I feel as if I've been led to believe by so many people that it will be a close call for me (which largely makes the last few years of my life worthless as I took huge pay cuts to clerk as an alumni and build relationships that will allow me to get DOJ). Anyways.

[Anonymous User]

Which state are you in? The answer may dictate the steps you need to be taking now so that you don't face a real C&F problem.

In CA, I was in a similar spot (my arrest was more recent, but I had no conviction) and was delayed approximately 18 months from the time I found out I passed the bar to the time I was admitted.

[kellyfrost]

Which state are you in? The answer may dictate the steps you need to be taking now so that you don't face a real C&F problem.

In CA, I was in a similar spot (my arrest was more recent, but I had no conviction) and was delayed approximately 18 months from the time I found out I passed the bar to the time I was admitted.

What would cause such a long delay?

[Anonymous User]

Which state are you in? The answer may dictate the steps you need to be taking now so that you don't face a real C&F problem.

In CA, I was in a similar spot (my arrest was more recent, but I had no conviction) and was delayed approximately 18 months from the time I found out I passed the bar to the time I was admitted.

What would cause such a long delay?

The CA bar is insanely strict about C&F issues. I was forced to do mandatory drug and alcohol screening (check an app every morning to see if you need to be tested, each test costs about $100 that you pay, detects alcohol for up to 80 hours), attend mandatory meetings (both AA and LAP meetings which cost money) and a whole lot of other conditions. It was a nightmare.

OP, if you're in CA, your best bet is to enroll in LAP right now. Get a head start with some "time served"

[kellyfrost]

Which state are you in? The answer may dictate the steps you need to be taking now so that you don't face a real C&F problem.

In CA, I was in a similar spot (my arrest was more recent, but I had no conviction) and was delayed approximately 18 months from the time I found out I passed the bar to the time I was admitted.

What would cause such a long delay?

The CA bar is insanely strict about C&F issues. I was forced to do mandatory drug and alcohol screening (check an app every morning to see if you need to be tested, each test costs about $100 that you pay, detects alcohol for up to 80 hours), attend mandatory meetings (both AA and LAP meetings which cost money) and a whole lot of other conditions. It was a nightmare.

OP, if you're in CA, your best bet is to enroll in LAP right now. Get a head start with some "time served"

Jesus Christ, that sounds awful!

[Anonymous User]

Thanks for the news about prosecution.

As an aside to the person concerned about C&F. I had a DUI during my 1L summer. I enrolled in something similar to LAP near my law school. I filed late with the California bar (April or May). In November they asked for an explanation of how I had learned from the experience and in January they admitted me. JAG denied me, but I was able to pass a background check with a federal agency (not DOJ).

[Anonymous User]

Thanks for the news about prosecution.

As an aside to the person concerned about C&F. I had a DUI during my 1L summer. I enrolled in something similar to LAP near my law school. I filed late with the California bar (April or May). In November they asked for an explanation of how I had learned from the experience and in January they admitted me. JAG denied me, but I was able to pass a background check with a federal agency (not DOJ).

Thanks for the data point. JAG denied your background check or application? Also, re: federal agency, any further explanation or specific things required?

[Anonymous User]

I had a DUI two years before law school. Only negative on a background check/application, but during law school I passed background checks for internships at multiple federal agencies, including the White House complex, DOJ, and fed courts. I'm now a state prosecutor. Sometimes I get asked for more info, other times they just process whatever the application called for.

It's something you'll have to keep explaining on most apps for the rest of your life, but don't stress that it's going to be any kind of significant hurdle unless you have additional negative stuff on your background.

I'm one of the above anons that had a DUI 2L year, which will be 7+ years ago when applying for DOJ/AUSA. I am obviously disclosing and not one of the anons considering not - but wondering if there were any issues at all with DOJ background check (I know it was internship, and that you ultimately passed, but still). I feel as if I've been led to believe by so many people that it will be a close call for me (which largely makes the last few years of my life worthless as I took huge pay cuts to clerk as an alumni and build relationships that will allow me to get DOJ). Anyways.

I was told that the only outright dealbreakers for AUSA were post-bar drug use, failing to pay taxes, and defaulting on student loans. While I'm sure if you had enough other bad stuff it could bar you, I really don't think 1 7+ year old DUI alone will do it.

[Anonymous User]

Thanks for the news about prosecution.

As an aside to the person concerned about C&F. I had a DUI during my 1L summer. I enrolled in something similar to LAP near my law school. I filed late with the California bar (April or May). In November they asked for an explanation of how I had learned from the experience and in January they admitted me. JAG denied me, but I was able to pass a background check with a federal agency (not DOJ).

Thanks for the data point. JAG denied your background check or application? Also, re: federal agency, any further explanation or specific things required?

I was selected and told I would be appointed. Then later when the recruiter asked whether I had a criminal record was informed that the state was not accepting individuals with DUIs within the last 10 years. This was because less than 10 year old DUIs require review boards for promotions. This was not active duty JAG and my impression was that it may vary by state.

I think the agency wanted something similar to the bar. What had I learned. Can't remember whether it wanted to know my current drinking habits.

[Anonymous User]

I am not sure what to tell you about disclosure, but personal anecdote to ease your nerves. I have an acquaintance that got 2 DUIs, passed the bar and now works as a prosecutor.

Federal? Have one and am worried about AUSA background check.

Had a DUI that was lowered to a reckless driving during second year of undergrad and subsequently expunged prior to law school. Flash forward a couple years to law school and I received an offer to extern at my local USAO. Was completely upfront about the charge and was told it would not be a problem, but that my application needed to be "signed off" by my direct supervisor, the chiefs of the various sections in that office, and the USA personally. This was all before my application could even make it back east for the actual background check. Turns out my supervisor and the chiefs signed off, but the USA would not. I was about one of nine students that this happened to that semester. Thankfully, because i never made it to the actual background check and therefore did not fail the security check, I need not disclose.