Does DWI Show Up on a Background Check in Minnesota?

A DWI (Driving While Intoxicated) will undoubtedly appear on a criminal background check in Minnesota. According to Minnesota Statute 169A.20, it is illegal to operate a motor vehicle or boat with a blood alcohol content (BAC) of 0.08% or higher. A DWI can be both serious and extremely sensitive, and a conviction can devastate many aspects of your life.

Fortunately, with the help of new Minnesota expungement laws under Minnesota Statute 609A, it may be possible to have your record expunged under certain circumstances.

At Martine Law, our criminal defense attorneys are committed to helping you during difficult times. With our track record of success, we ensure that each attorney in our firm works diligently to protect your rights and help you move forward.

Our attorneys are here to assist you through every step, ensuring you are supported in clearing your name. In this blog, we’ll discuss what shows up on background checks, the consequences of DWIs, and how working with a DWI attorney can make a difference in cleaning up your record.

What Shows Up on a Background Check?

DWIs can be a significant roadblock for people looking to advance their careers in Minnesota. Employers may conduct background checks to assess candidates to gauge qualifications and ensure that they don’t pose a safety risk to employees or customers. Unfortunately, having a DWI conviction under Minnesota Statute 169A.03 can influence a potential employer’s decision.

A seasoned criminal defense attorney can help you understand the nuances of background checks and how a DWI might impact your employment prospects.

There are generally two types of background checks used by employers during your employment application:

Criminal Background Checks: These will show the following:
– Criminal convictions
– Arrests
– Warrants
– Court cases
Credit Checks: These examine the following:
– Financial history
– Bankruptcies
– Judgments against you

Both types of checks can appear in background reports, and both can be used to decide whether to proceed with hiring. Background check companies can access your criminal history through:

Public court records
Driving histories
Other databases

This means your DWI conviction may be visible for years. While a DWI conviction may not automatically be considered disqualifying by all employers, some businesses have strict no-tolerance policies for these charges. This is why having the right legal team on your side is critical, especially if your case involves sensitive details or multiple offenses.

Collateral Consequences of a DWI Charge in Minneapolis

A DWI is a serious offense in Minnesota. Even first-time offenders face jail time and a minimum loss of license for 30 days or more. But unfortunately, the consequences of a DWI reach far beyond the immediate criminal penalties.

After a conviction, your newfound criminal record can earn you a host of collateral consequences. Under Minnesota Statute 169A.275, even first-time offenders may face:

License Suspension: A conviction typically leads to at least a 30-day suspension of your driver’s license, making daily tasks like commuting or running errands challenging.
Jail Time: First-time offenders can be sentenced to jail under Minnesota Statute 169A.275, depending on the severity of the offense.
Criminal Record: A DWI conviction will stay on your record unless it is expunged.
Employment Challenges: Employers may be hesitant to hire individuals with a criminal record, especially one involving impaired driving.
Professional License and Certifications Impact: Convictions can negatively affect your ability to apply for certifications or maintain professional licenses, such as nursing, teaching, or law licenses.
Felony Charges: Repeat offenses or aggravated DWIs can escalate to felony charges under Minnesota Statute 169A.24, affecting your right to vote or own firearms.
Housing and Loan Difficulties: Landlords may deny housing applications, and financial institutions may view you as a higher risk for loans such as mortgages or car loans.
Commercial Driver’s License (CDL) Impact: A DWI conviction will permanently mar a CDL holder’s record, which could prevent you from continuing work in commercial driving.

These collateral consequences reach into many aspects of life, making it even more important to seek help from a trustworthy criminal defense attorney.

How Long Does a DWI Stay on Your Record in Minnesota?

In Minnesota, a DWI will stay on your criminal record indefinitely. Under Minnesota Statute 169A.03, even if it’s your first offense, the conviction stays visible on both your criminal and driving record.

However, the conviction will only be criminally relevant for ten years after the conviction. If you are convicted of subsequent DWI within that period, the penalties and charges are automatically enhanced under Minnesota Statute 169A.25.

Can a DWI Be Expunged in Minnesota?

DWIs are a common offense that can have a lasting impact on your life. Fortunately, there are steps you can take to get back on track. New Minnesota expungement laws under Minnesota Statute 609A.02 now make it possible to remove DWIs from your record.

Expungement can significantly reduce the long-term impact of a DWI, but it’s important to know the specific requirements.

To petition for the expungement of a DWI from your criminal record, one of the following must be true:

You completed a diversion program or received a stay of adjudication and have not been charged with a new crime for at least one year

You were convicted of a petty misdemeanor or misdemeanor and have not been convicted of a new crime for at least two years
You were convicted of a gross misdemeanor and have not been convicted of a new crime for at least four years

At this time, felony DWI offenses are not eligible for expungement in Minnesota. However, these new laws do allow individuals the opportunity to have their records wiped clean.

Contact Martine Law DWI Lawyers in Minneapolis Today

Even if you think you have a pretty good shot at winning an expungement hearing, an attorney can save you loads of time, money, and aggravation. Alcohol or drug-related convictions are a tricky area of law and a DWI conviction doesn’t have to define your future.

At Martine Law, our attorneys are committed to helping you overcome the challenges that come with a DWI conviction. We have the experience, dedication, and compassion needed to guide you through the legal process, whether you’re seeking to expunge a misdemeanor DWI or looking to build a strategic defense in a current case.