QUESTION

Is it legally required to report DUI or no?

Asked on Sep 18th, 2013 on DUI/DWI - Washington
More details to this question:
Background: Arrested for DUI in Mar 2013. Hired in by Company in July 2013 - Application asked for "convictions" of any sort. Convicted/still appealing in Sept 2013. Job involves having a monetary car allowance (company has "interest" in insurance policy) but no car. Just an allowance per paycheck. Insurance company informed me that they cannot share your traffic record to company. Only the fact that you have a policy in place is shared. So in essence the company would never find out and the signing on paperwork did not state having to report any changes in arrests and what not.
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3 ANSWERS

Michael J. Breczinski
Well if they find out that you lied to them and did not report the conviction then they will fire you.
Answered on Sep 20th, 2013 at 8:19 AM

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It sounds like, when you filled out the application, you hadn't been convicted, yet. If you've only been arrested, you're not lying by checking "No" to a question that asks if you've ever been convicted. If, however, you are subsequently convicted before they do a background check, you might have some explaining to do. If you have been convicted, it will show in your public court record which they can easily find.
Answered on Sep 20th, 2013 at 2:49 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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The company has a right to ask for criminal convictions as part of an employment process. Since they are giving you a car allowance, it is evident that they expect you to drive as part of your job. Such being the case, knowing you have a DUI conviction may well be a critical piece of information. Your insurance company is misinforming you. Criminal records are public records. All I would have to do is have your name and date of birth and I could find out what kind of cases (civil and criminal) you were a party to. I may not be able to know the specifics, but I would know that you had a DUI. You can go ahead and try not to divulge this information hoping they never find out, but if and when they find out (and they will), you will be immediately terminated for providing false information... yes, omitting information is providing false information. If you were to be driving for business purposes and be under the influence and get in an accident, and cause injuries, no doubt the company would be sued. Sadly, the consequences of a past poor decision.
Answered on Sep 20th, 2013 at 2:36 AM

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