Legal Question in DUI Law in Michigan

Disclosure of DUI 24 years ago on employment application

I had two DUI convictions 24 and 22 years ago. I purchased a criminal history from the Michigan state police and neither of them showed. I purchased my driving record and it states my record is ''clear'' and also says ''This driver has no prior 904 mandatory additional violations of suspension/revocation or 625 alcohol related convictions within the time frames requiring plate confiscation''. My question is; on employment applications, do I have to answer ''yes'' to the question ''have you ever been convicted of a misdemeanor?''?


Asked on 6/04/08, 3:48 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Disclosure of DUI 24 years ago on employment application

Your driving record is probably the "10 year" variety, which only shows the last 10 years of driving history. A Full driving record would probably pull up the old DUI's.

To be honest, you have to say yes, but if they don't pull the full driving history, you might not have it appear.

You are walking a fine line here, and of course, lying on an employment application, if later discovered, is grounds for termination.

Contact me at www.kliszlaw.com for more information. Tim Klisz

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Answered on 6/04/08, 4:31 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Disclosure of DUI 24 years ago on employment application

Technically you would have to answer yes - that is the honest answer since your convictions were not expunged. Your prior convictions are likely not showing up due to their age and because the court didn't keep good records (which rarely happens now due to all the technology).

It is likely that your employer would not find the convictions, unless he used a different database for his background search which somehow showed the convictions - it would just be a risk that you'd have to take.

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Answered on 6/07/08, 12:27 am


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