A DUI/DWI conviction will appear on a criminal background check requested by a prospective employer and may adversely affect employment opportunities in some professions, industries, and occupations—especially jobs (1) for which a commercial driver’s license (CDL) is required, (2) for which a person must operate heavy equipment or machinery, or (3) in which a person is entrusted with ensuring the safety of others (air traffic controller, police officer) or safeguarding sensitive information or data. Generally, the only way to remove a DUI/DWI conviction from appearing in some or all of such background checks is to have it expunged or sealed—which is only possible in limited circumstances.

In states in which employment is at-will an employer may terminate an employee for a DUI/DWI arrest or conviction. If the employee has a written employment contract there may be limitations on the grounds on which the employee may be terminated, and a DUI/DWI arrest or conviction may fall within those grounds of termination for cause—in other words, termination for an identified reason, and not for no reason, which is permissible under employment at will.

In Mississippi, a DUI/DWI conviction does indeed appear on a criminal background check, which can negatively impact employment prospects, particularly in fields that require a commercial driver's license (CDL), the operation of heavy machinery, or roles responsible for public safety or sensitive information. Expungement or sealing of records is the primary method to prevent a DUI/DWI from showing up on background checks, but this option is only available under certain conditions. Mississippi law allows for expungement of a first-offense DUI if certain criteria are met, such as the completion of all terms of the sentence and a waiting period of five years from the end of the sentence. Regarding employment, Mississippi is an at-will employment state, meaning employers can terminate employees for any legal reason, including a DUI/DWI arrest or conviction. However, if an employee has a written contract, the terms of the contract may specify permissible reasons for termination, and a DUI/DWI could potentially be one of those reasons.