Generally, this question comes up in regards to employment applications and what employers can see during that process. Before answering this question, you need to be aware of what a “criminal record” is and what the public has available to them. There are four types of records that could tip of an employer than an individual has a DUI on their record.
- Driver’s License Records.
These are completely separate from a person’s criminal record and are managed by the Kansas Department of Revenue. This record consists of moving violation convictions, DUI convictions, accidents, chemical test failures or refusals, etc. If an individual lost their license administratively because of a chemical test refusal or failure or if they were convicted of a DUI, it will be shown on their driving record. Although these records are not criminal records, if a potential employee will be operating a vehicle of some sorts, most employers will request their driving record. A thorough review of a person’s driving record can indicate to an employer than they have had a prior DUI.
2. Public Criminal Records
Generally, these records are available online via a local jurisdiction’s court’s website. This will be available to everyone and it will include mugshots, charging information, disposition information, and other case information. Here are some examples of local jurisdiction’s websites.
3. Law Enforcement Criminal Records
The Kansas Bureau of Investigation (KBI) maintains these records. The KBI is the central depository for all criminal records, including diversions, that happen in the State of Kansas. All jurisdictions are required to report to the KBI as they are the official record holder. Most of these records will be available to the public and for a small fee, the KBI will run a criminal background check on prospective employees.
4. Arrest Records
Usually these are maintained by local law enforcement agencies and sometimes the KBI does as well. These are records of an individual’s interactions with police that involved them being arrested but not charged with a crime. Generally, these are not available to the public.
Now that the types of records are known, you now need to know how to properly answer an employer may ask you regarding your case. It is crucial that you know the outcome of your DUI case before answering the question as they will indicate which records the employer can access.
For this subject only, there are four possible DUI case outcomes:You can now use that information to answer the following questions on a job application.
- Found not guilty/case dismissed: If this is the case, then an arrest record, driver’s license record, and the public criminal record may exist. However, these records shouldn’t show that the individual was guilty, but they can show that they were arrested, charged, and that their license was possibly suspended (if it was suspended administratively).
- Case never charged: If the case was never charge, two records could still exist; an arrest record and a driver’s license record (if it was suspended administratively). These records should not show that the individual was convicted of the charge, but they could show that they were arrested and that their license was suspended.
- Diversion Agreement: Four records might exist if a case was resolved by a diversion; an arrest record, public criminal record showing “diversion” as the disposition, a driver’s license record (if they were suspended administratively), and a law enforcement criminal record with “Diversion” as the final disposition.
- Found Guilty: If a person’s case was resolved because they were found guilty, four records will exist; an arrest record, a driver’s license record indicating a suspended license, a public criminal record with “Guilty” as the disposition, and a law enforcement criminal record indicating “Guilty” as the final disposition.
Have you ever been convicted of a crime?
An answer of YES is only if you were found guilty of the DUI or another crime.
Have you ever been convicted of a felony?
An answer of YES is only if you were found guilty of felony DUI (usually this is if it is your third DUI). If it was only your first or second DUI, you would answer NO as they are typically misdemeanors.
Have you been arrested for a crime?
If you were arrested for a DUI the answer would be YES under all of the previously discussed scenarios.
Have you ever been convicted of a crime or been a party to a suspended adjudication, differed adjudication, or diversion of a criminal case?
An answer of YES is only if you were found guilty of DUI or entered into a diversion agreement.
Have you ever had a criminal record expunged or sealed form public view?
For all of the previously discussed scenarios, the answer would be NO, unless you have specifically expunged a record. Diversion has nothing to do with expunging a record, as you will be required to file additional paperwork to expunge a criminal offense.