In this blog post we answer the question, “Does a DUI show up on a background check?”
In Canada, if a police officer observes poor driving, they have legal grounds to stop and evaluate you. If there’s reasonable suspicion that you’re driving impaired by alcohol or drugs, the officer can conduct a physical coordination test, a breathalyzer test, or both. If you fail these tests, you’ll be charged with driving while impaired, which is more commonly known by the American term “driving under the influence” (DUI).
According to the Government of Canada, penalties for being convicted of these kinds of driving-related offences range from a mandatory minimum fine ($1,000 for a first-time alcohol-related offence) to life imprisonment, depending on the severity of your offence.
In Canada, the prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood. Therefore, a DUI charge occurs when your blood alcohol concentration is 0.08% or more. This is why DUIs in Canada are also referred to as “an over 80.” For cannabis, there are two prohibited levels of the primary psychoactive component of cannabis (THC), which result in a less and a more serious offence. You can read more about prohibited levels of these and other substances on the Impaired Driving Laws web page by the Government of Canada.
Refusing to take an impaired driving test means you can be charged with a “refusal.” The minimum fine associated with refusal to comply for a request for a sample is $2,000.
This now brings us to the question, “Does a DUI show up on a background check?”
Let’s take a look.
Does a DUI Show Up on a Background Check
There’s no specific “DUI background check,” but, in Canada, a driving under the influence of alcohol or drugs conviction is considered a criminal offence under the Criminal Code. Therefore, it’s likely for your conviction to show up on a background check, specifically a criminal record check conducted by law enforcement agencies or other authorized entities such as a prospective employer. It’s also very likely to show up on a driver’s record check or driver’s abstract. (This blog post covers more on getting a driver’s abstract.)
Having said that, the availability of information on charges with pending convictions, depends on where you live, the type of background check being conducted, and the policies of the agency or organization requesting the check.
There are different types of background checks that uncover different degrees of information. For example:
- Standard Criminal Background Check: A basic or standard name-based criminal criminal background check in Canada includes a search of the Canadian Police Information Centre (CPIC) database, which contains criminal records maintained by the Royal Canadian Mounted Police (RCMP). A DUI conviction would likely appear on such a check, but a pending charge won’t.
- Enhanced Criminal Record Check: Certain employers or organizations may request an enhanced criminal record check, which include additional provincial and municipal information beyond the federal CPIC database, such as other databases or local court records. In such cases, a pending DUI charge or a charge that didn’t result in a conviction is also likely to be disclosed.
- Vulnerable Sector Check: Certain positions working in positions of authority with vulnerable populations, such as children or elderly individuals, may require a vulnerable sector check. This type of check may reveal more comprehensive information, including pardoned offences or charges that did not result in convictions. However, the disclosure of DUI convictions in vulnerable sector checks may vary depending on the circumstances and policies in place.
Certn’s MyCRC personal background check service, which is listed as an authorized third party service provider on the RCMP Criminal Record Checks web page, is one tool you can use to see what shows up on your criminal background check. MyCRC runs a basic or standard name-based criminal background check – all online without having to leave the house or wait in line.
Does a DUI Show Up on a Background Check – Pardons and Record Suspensions
It’s important to note that while a DUI offence is considered a criminal offence in Canada, there may be differences in how it’s treated compared to other types of criminal offences, particularly in terms of rehabilitation and record suspension (formerly known as pardons). Individuals with a DUI conviction may be eligible to apply for record suspension after meeting certain eligibility criteria, which could impact the disclosure of the offence on a criminal background check.
Ultimately, the specific details and implications of a DUI conviction on a background check in Canada varies depending on the circumstances and the type of check being conducted. If you’re wondering does a DUI show up on a background check, it’s advisable that you seek legal advice or consult with relevant authorities for more information tailored to your situation.
DUI in the US
This blog post discusses does a DUI show up on a background check in Canada, but if you’re hiring candidates from the US, one pertinent law that regulates background checks is the federal Fair Credit Reporting Act (FCRA), which obligates employers to disclose your intent to conduct a background check and then obtain, in writing, the candidate’s consent before moving forward with the screening.
The FCRA also requires employers to follow the adverse action notice requirements process if they decide against hiring a candidate based on the results of a background screening, such as a driving-related offence.
Does a DUI Show Up on a Background Check FAQ
Does a DUI show on a background check in Canada?
As we covered above, yes, a DUI conviction will show up on a criminal background check in Canada. If your charge is pending, you were charged but not convicted, and/or you were granted a record suspension (formerly called a pardon), then it may not show up depending on the type of check being run. More in-depth background checks that use provincial and municipal court records may still reveal the details of your charge.
How long does a DUI stay on your criminal record in Canada?
The blog post Criminal Record Checks Canada FAQs Canada has more information, but, in a nutshell, the type of offence determines how long convictions stay on your criminal record in Canada. If your DUI is a summary conviction (a less serious conviction), you might be eligible to apply for a record suspension (formerly called a pardon) after three to 10 years and paying your fines. Whether you’re able to apply for a record suspension/pardon depends on the circumstances of your case such as your previous history and convictions.
How does a DUI impact your insurance?
A DUI conviction will result in higher insurance premiums, as you’ll be considered a high-risk driver. Insurers can maintain high-risk driver rates for up to six years, even if your DUI is removed from your motor vehicle record and criminal record. Your insurance premiums could increase by anywhere from $2,000 to $10,000 annually, depending on factors such as your driving history, type of vehicle, and location.
Does having a DUI on your criminal record prevent you from getting a job?
There’s no law in Canada that prevents someone with a DUI on their record from getting a job. However, certain employers might be less likely to hire you if you have a criminal record that impacts your ability to do the job. For example, any job that requires regular driving tends to also require a clean driving record, so an employer who examines your driving record and finds a DUI is within all legal rights to deny you employment. Similarly, teaching jobs and opportunities working with children require you to pass a vulnerable sector check to confirm you haven’t been convicted of offences against minors.
Will you fail a background check with a DUI?
In a hiring context, while a DUI conviction may raise concerns, it should prompt a thorough assessment based on job requirements and the candidate’s ability to perform the role effectively. Employers can leverage professional screening services like Certn to conduct comprehensive background checks that support informed hiring decisions while following applicable laws and regulations. Employers may consider evaluating the details of your conviction against several factors such as the company policy, the nature of the job vacancy, and the context of the DUI offence. So, can you pass a background check with a DUI? That depends on the employer’s policy and individual assessment of your history.
What if your current job involves driving?
If you drive for a living, for example, if you’re an Uber driver, a public transit operator, or a truck driver, you’ll likely face serious consequences. What your employer decides to do is ultimately their decision, and a matter of internal preferences and policies, but the hard truth is that you’ll likely be suspended while you’re facing the charge and terminated after a conviction – you won’t be able to drive, which means you can’t do your job. Additionally, a DUI charge could negatively affect your reputation and standing within the company, leading to strained relationships with colleagues or even clients.
What shows up on a Canadian criminal background check?
In this blog post we’re exploring does a DUI show up on a background check, but background checks encompass more than driving records. What a background check shows depends on what’s being run. Fortunately, we’ve got you covered! This blog post answers the question, What Do Background Checks Reveal.
Can you leave Canada if you have a DUI on your record?
Yes, you can leave Canada if you’ve been convicted of impaired driving and have a DUI on your record. However, traveling internationally with a criminal record, including a DUI-type conviction, may have implications depending on the country you intend to visit. It’s essential to research and understand the specific entry requirements of the country you plan to visit. Consulting with legal professionals or immigration experts can also provide guidance tailored to your specific situation and destination.
Background Check for Employers
Understanding does a DUI show up on a background check in Canada is crucial for both individuals and employers alike. A DUI, classified as a criminal offence under the Canadian Criminal Code, can indeed show up on various types of background checks, including standard criminal record checks and in driver’s abstracts.
For individuals, navigating the repercussions of a DUI conviction involves considering its impact on employment opportunities, personal reputation, and international travel. Seeking legal advice and understanding the process of record suspension can be instrumental in mitigating these effects over time. Certn’s MyCRC personal background check service, which is listed as an authorized third party service provider on the RCMP Criminal Record Checks web page, is one tool you can use to see what shows up on your criminal background check.
Employers, on the other hand, must approach background checks with fairness and adherence to legal guidelines. A DUI on a background check shouldn’t mean an instant dismissal of a candidate, but it does highlight an area that requires more thorough review. The Canadian Human Rights Act “Rights in the workplace” guidance suggests that an employer shouldn’t reject a candidate based solely on the grounds of past arrests or criminal convictions unless they impact their ability to hold the job or perform the job requirements. This guidance helps companies know how DUIs and other criminal records should factor into the hiring process, underlining the importance of lawful, fair hiring practices.
Conducting background checks using a professional screening provider, like Certn, can streamline the process. Certn offers many background check and screening options, including criminal background checks and driver’s record checks, for employers looking to screen for a DUI criminal record. Our online and easily integrated workflows save time, while our customizable packages help you make fair, informed hiring decisions based on your business needs. Interested in seeing us in action? Request a demo.
