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WILL A DUI GO ON MY CRIMINAL RECORD?

One of the most common questions individuals face after a DUI arrest in Kansas is whether the DUI will appear on their criminal record. This question often arises during job applications or background checks, as individuals worry about how a DUI might impact their future employment opportunities or professional licensing. Understanding what "criminal records" exist, who can access them, and the type of information available is essential in answering this question accurately.

When it comes to DUI records, there are several types of records that may indicate a past DUI offense, even if the individual was not convicted. These records are maintained by different agencies and can be accessed under various circumstances, especially by potential employers. Here's a breakdown of the four types of records that could alert someone to a DUI on your record:

1. Driver’s License Records

Driver’s license records are maintained by the Kansas Department of Revenue and are entirely separate from your criminal record. These records reflect your driving history, including any:

  • Moving violation convictions

  • Records of accidents

  • Records of chemical test refusals or failures

  • DUI convictions

  • Other administrative actions, such as license suspensions or revocations

If you were convicted of a DUI or lost your license due to a chemical test refusal or failure, this information will be noted in your driving record. While these records are not considered part of your criminal record, they are commonly requested by employers, particularly if the position involves driving. A thorough review of your driving record can easily tip off an employer that you have a DUI in your past.

2. Public Criminal Records

Public criminal records are available online through various local jurisdiction court databases. These records are open to the public and often include:

  • Charging information

  • Mugshots

  • Case disposition details

  • Additional case-related information

Some examples of local databases where these records can be accessed include:

  • Johnson County District Court’s Database

  • Overland Park Municipal Court’s Database

  • Lenexa Municipal Court’s Database

  • Shawnee Municipal Court’s Database

  • Johnson County Sheriff’s Office

These public records are easily accessible, and many employers run background checks through these local databases to verify potential employees' criminal histories. Therefore, even if your DUI case was resolved in a lower court, the information could still be available online for public viewing.

3. Law Enforcement Criminal Records

In Kansas, law enforcement criminal records are maintained by the Kansas Bureau of Investigation (KBI). The KBI serves as the central repository for all criminal records in the state, and all law enforcement agencies are required to report to the KBI. These records contain information about:

  • DUI convictions

  • Diversions

  • Other criminal offenses within the state

The KBI provides background checks for a fee, often requested by employers or licensing boards. They make most records publicly available and include any formal convictions or diversions related to DUI charges. While not all arrest records may be included, all convictions and diversions should be reported to the KBI.

4. Arrest Records

Arrest records are maintained by local law enforcement and, in some cases, by the KBI. These records reflect any arrests made by police, even if no formal charges were ever filed or if the person was not ultimately convicted. These records are not typically made available to the public in most cases, but they may still exist in law enforcement databases.

Understanding DUI Case Dispositions and Their Impact on Your Record

Now that you know what types of records exist, it’s important to understand how the outcome of your DUI case affects what appears in these records. There are four primary outcomes for a DUI case, and each has different implications for what an employer might find during a background check or review of your records.

1. Case Dismissed/Client Found Not Guilty

If your case was dismissed or you were found not guilty, there may still be records that show you were arrested and charged, even though you were not convicted. Here are the types of records that may exist:

  • Arrest record: Shows the interaction with law enforcement but not a conviction.

  • Driver’s license record: Could reflect an administrative suspension if you failed or refused a chemical test.

  • Public criminal record: May indicate that charges were brought but later dismissed.

In this scenario, the records should not reflect a conviction, but the fact that you were arrested and charged may still be visible to employers.

2. Case Never Charged

If your case was never formally charged, it is still possible for some records to exist, including:

  • Arrest record: Reflects the fact that you were taken into custody, even though no charges were filed.

  • Driver’s license record: Could indicate that your license was suspended or revoked administratively, even without criminal charges.

Again, while there would be no conviction on your record, an employer could potentially discover information about the arrest or license suspension.

3. Diversion Agreement

A diversion agreement allows individuals to avoid a formal conviction if they complete certain conditions set by the court. However, even with a diversion, several records could exist, including:

  • Law enforcement criminal record: The KBI will show the final disposition as "Diversion."

  • Arrest record: Local law enforcement will maintain the record of your arrest.

  • Public criminal record: Court records will reflect the diversion agreement.

  • Driver’s license record: May include any license suspension that occurred due to the DUI.

While a diversion allows you to avoid a conviction, it is still publicly available and will be noted in your official records.

4. Found Guilty

If you are found guilty of a DUI, four records will likely exist:

  • Law enforcement criminal record: The KBI will reflect a final disposition of "Guilty."

  • Arrest record: The original arrest will remain in local law enforcement databases.

  • Public criminal record: Court records will show the case’s outcome as "Guilty."

  • Driver’s license record: Your license suspension or revocation will be noted in the Department of Revenue’s records.

In this situation, your DUI conviction will be available for employers to find during background checks, and it will appear in all the relevant databases.

How to Answer Job Application Questions About DUI

Based on the outcome of your DUI case, here’s how to approach common job application questions:

Have you ever been convicted of a crime?

You must answer Yes if you were found guilty of a DUI or any other crime. However, if your case was dismissed or you successfully completed a diversion, you can answer No to this question.

Have you ever been convicted of a felony?

You only need to answer Yes if your DUI was classified as a felony, which generally occurs on a third DUI offense or higher. First and second DUIs are typically misdemeanors unless special circumstances apply.

Have you ever been arrested for any crime?

You should answer Yes if you were arrested for a DUI, regardless of the case's final outcome. Even if the case was dismissed or you were not charged, the arrest itself is likely still on record.

Have you ever been convicted of a crime or been party to a deferred adjudication, suspended adjudication, or diversion of a criminal offense?

You must answer Yes if you entered into a diversion agreement or if you were convicted of a DUI. However, if your case was dismissed or you were found not guilty, you can answer No.

Have you ever had a criminal record expunged or sealed from public view?

You can answer No unless you have specifically gone through the process of expunging or sealing your record. A diversion is not the same as expungement, and you must take additional steps to clear your record.

Conclusion: The Impact of a DUI on Your Criminal Record

A DUI arrest and conviction can have long-lasting consequences for your criminal record, driver’s license, and employment opportunities. Understanding the different types of records that may exist and how to answer questions about your criminal history is crucial when applying for jobs. If you have questions about your DUI case or need help navigating the legal process, contact the DUI defense lawyers at Roth Davies for a free consultation.