Legal Question in DUI Law in Illinois

dui supervision/background checks

I was charged with DUI (2005) which was subsequently reduced to ''leaving the scene of property damage'' and received another DUI a year later for which I received supervision. Technically, I was convicted of neither. I am going to be filling out job applications within a year and since i was convicted of neither, i've been told I dont have to put them down (unless specifically asked about other than convictions). However, I heard a story of a person with supervison for dui and didnt report them, but when it came time for a background check, somehow they found out about the supervision and he didnt get the job.


Asked on 4/15/08, 8:02 pm

2 Answers from Attorneys

Vijay Sharma The Law Office of Vijay R. Sharma, P.C.

Re: dui supervision/background checks

Your friend's story is actually correct. This is not in all instances, but in some. If you received 2 supervisions, then you have NOT been convicted of a crime. This means if they ask "Have you been convicted?" You can honestly say "No," for most jobs. However, if you are applying to be a truck driver or other type of driver, these supervisions will hurt you.

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Answered on 4/15/08, 8:10 pm
Jonathan Cohen Shestokas, Raines, & Malavia, P.C.

Re: dui supervision/background checks

While you are right that supervision is not the same thing as a conviction, a background check may still show your DUI. While most offenses for which you receive a sentence of supervision may be expunged after a period of 2 or 5 years, depending on the crime, per statue, there is no way to expunge a DUI from your criminal background in Illinois, even though you received supervision.

It is also possible that an employer could pull a copy of your driving record and see all your traffic offenses, including the DUI for which you received supervision. Whether or not to disclose the fact that you've had a DUI on a job application is up to you, but there's a good chance it will show up on a criminal background check. For more information on DUIs, check out our website at http://www.shestokas.com/DUI.html

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Answered on 4/15/08, 10:02 pm


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