If I received a first offense DUI 5 years ago and it was dismissed, must I disclose it for an employment background check?

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If I received a first offense DUI 5 years ago and it was dismissed, must I disclose it for an employment background check?

I pled guilty, received court supervision, mandatory alcohol assessments and fines. I completed everything and now my public record states dismissed. Fast forward to today and I am filling out a background check form. It is asking, “Have you ever been convicted of an offense against the law (including any conviction for driving under the influence) other than a minor traffic violation? Do not disclose any conviction for which the records have been sealed, expunged or subject to deferred adjudication”. What do I mark?

Asked on May 8, 2015 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A dismissal is not the same thing as an expungement, or the record being sealed or subject to deferred adjudication. Based on the question as you have copied it, you would have to disclose the exitence of the DUI, but could certainly supplement your answer by stating that it was since dismissed.


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