DUI & Getting Job

[Unlucky12]

Hi,

I entered USA in july 2012 for my masters.

I have planned to graduate in december 2013 but unfortunately i have caught for DUI last week.

Since my attorney pleaded not guilty at this point of time my case has been to postponed to november 20th 2013. 

I have recored BAC as 0.14. 
I am very concerned whether it will affect my job search or whether companies will reject me because of my  misdemeanor DUI?

Could any one advice me about my graduation whether i really to postponed to may 2014 or its good to graduate in Dec 2013. 

 

 

Thanks

 

[t75]

Why would you postpone graduation. Your DUI isn't going away. Yo are just lucky you did not kill someone; that could have gotten you jail time. Get professional help for your drinking

[Unlucky12]

Thanks for the reply.

 

Will it affect getting IT related jobs?

[hard2core]

Hi,

I entered USA in july 2012 for my masters.

I have planned to graduate in december 2013 but unfortunately i have caught for DUI last week.

Since my attorney pleaded not guilty at this point of time my case has been to postponed to november 20th 2013. 

I have recored BAC as 0.14. 

I am very concerned whether it will affect my job search or whether companies will reject me because of my  misdemeanor DUI?

Could any one advice me about my graduation whether i really to postponed to may 2014 or its good to graduate in Dec 2013. 

 

 

Thanks

 

You will not be rejected. Most likely you will plead guilty to a lesser charge because you entered fresh to this country.  Lawyers will be there for that reason. Just make sure not again.  Most companies know that this happens with most people. Keep record clean

[t75]

No one can predict how an employer will view a criminal background check.  Given 2 equally qualified candidates, would you choose the one with a clean record or one who showed extremely poor judgment as to drink and drive.

[rahul412]

Thanks for the reply.

 

Will it affect getting IT related jobs?

It doesn't matter. Whenever a person does your BG check, it will show up, but I heard that you can remove it after few years (I am not sure here)

[Unlucky12]

Thanks !

I have my next hearing on Nov 20th(Second Court date).
Will it be my final court date ?

Because I am worried since i have my final exams coming in Dec 1st week !

Could any one please guide me in cleaning the record as soon as possible ?

[t75]

You will not be rejected. Most likely you will plead guilty to a lesser charge because you entered fresh to this country.  Lawyers will be there for that reason. Just make sure not again.  Most companies know that this happens with most people. Keep record clean

Most people do not get DUIs. In over 400 years of driving time, no one in my immediate family family has ever been accused of it much less arrested and charged. This person has been in the US less than 2 years and has already be caught and charged with being severely over the legal BAC to drive.  This is not likely to be the last time he does so given that he was so drunk. 

 

Companies have to be careful - especially ones who send people on contract assignments - since the employees are very visible to the client and the reputation of the employer is at stake.

[pontevecchio]

In all court and Expungement related matters your Lawyer is the person to ask.

[Unlucky12]

Is there any way i clean my record as soon as possible ?

[hard2core]

You know all these contributors are scaring you right. Just because someone never got DUI and his family did not either does not mean that a next door neighbor did not have a bad day and did it by accident. So long as there was no death involved you are fine. There are plenty of jobs out there and you are qualified enough. Please do not listen to the negativity here. We are very good in our culture to spread that than motivate someone to go through good channels. Speak to your lawyer and find a good one. Try hard not to please guilty to a DUI. Thats the best you can do.

 

No you cant remove a criminal record but criminal records vary from situation to situation and a DUI is not top ranked. Murder is. Just do not repeat it ever again. You cant blame anyone for it and no one will take your side when you drive under influence.

[t75]

OP was very drunk and irresponsible. It speaks to his character and moral standards. If you think this is acceptable behavior by a friend, you need to get this person help for his substance abuse problem or find better friends. You are known by the company you keep.

[pontevecchio]

State law will be the basis of Expungement possibilities. In many states the entire record including arrest records and possible FBI records can be expunged in Entirety. I said many  states. This happens after you have fulfilled the conditions of your rehabilitative disposition. The process takes a little time. If successful you can deny that you were ever arrested or that you were charged. Companies cannot consider this as an excuse to treat you differently even were the mighty Internet to show something up , once the matters are expunged where possible. This could give you a clean slate as regards future jobs.  Hence ask your Lawyer about these.  As in life you will get all sorts of responses in a forum from downright discouraging to downright ebullient howsoever misplaced.

 

Is it a serious matter?  Yes.

Can the situation be salvaged?  Absolutely.

 

But remember that another similar offense within 10 years even in jurisdictions allowing rehabilitation and Expungement will mean incarceration and appropriate penalties. Hence cabs where necessary, a portable DUI meter to test yourself in borderline situations and designated driver etc., whatever works is a good idea. 

 

 Moreover the case may be dismissed outright on a technicality. One lives in hope. Serotonin respects no man or no opinions and if you suspect the wiles of Bacchus are over powerful, consider help. If not just move on. Best of luck. Move on.

[Unlucky12]

Thanks for the replies
Ok I have decided to get graduate in dec 2013 and search for jobs

Do u guys think this is good idea ?

Or

Staying back in university for one more semester as student by enrolling some courses and cleaning my records in may (Hopefully) and search for jobs ?


Which is the best idea ?

[t75]

Since your only interest seems to be clearing your record and not receiving treatment to make sure you do not re-offend, it doesn't matter since with as drunk as you were then you are likely that it will happen again.

 

Remember, a US degree does not guarantee a job in the US.

[rahul412]

Thanks for the replies

Ok I have decided to get graduate in dec 2013 and search for jobs

Do u guys think this is good idea ?

Or

Staying back in university for one more semester as student by enrolling some courses and cleaning my records in may (Hopefully) and search for jobs ?

Which is the best idea ?

One of my colleague's friend, got a DUI in 2011 and he says it's still on his record when their was BG check.

[JoeF]

State law will be the basis of Expungement possibilities. In many states the entire record including arrest records and possible FBI records can be expunged in Entirety. I said many  states. This happens after you have fulfilled the conditions of your rehabilitative disposition. The process takes a little time. If successful you can deny that you were ever arrested or that you were charged.

Except on immigration applications.

USCIS can see all these things, even expunged ones.

[pontevecchio]

The response was in regards to job searches and companies. That was the question.

[trc]

Unlucky12  - These things happen. Millions of people are driving on the roads and a handful get caught.  Learn from this incident nad move on. As far an employers are concerned, the hiring managers look at your skillset and what you have to offer professionally.  HR departments and Hiring Managers are looking for serious offences and usually disregard a single incident like this. We are all human afterall.

I can tell you from personal experience that you will be ok. I learned from my incident. Igot my GC few years after the DUI, have changed two jobs after my DUI and done well overall.

[JoeF]

The response was in regards to job searches and companies. That was the question.

Well, yes, but for a job the person likely needs to get an H1. And it has to be declared on the H1 application, which means the employer would get to know it...

Ergo, expungement would not help anything at all for getting a job.

[chakrakr]

H1 application (I-129) do not ask for arrest records.     Visa Form (DS-160) asks about it.  visa form is completed and submitted to VO directly by the individual.   It is not routed through employer  . 

[pontevecchio]

Employers are known to perform background checks.

[Unlucky12]

Thanks all the reply.

Now i really want to know whether this DUI creates problem in filling OPT!
Please anyone can help me out.

[GNH]

H1 application (I-129) do not ask for arrest records.     Visa Form (DS-160) asks about it.  visa form is completed and submitted to VO directly by the individual.   It is not routed through employer  . 

 

 

Depends on the employer. Mine insists on the DS-160 being cleared by the company immigration firm before employees submit it. A lot of the employers like to know what is going on.