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 New Mexico (NM), a DUI/DWI (Driving Under the Influence/Driving While Intoxicated) conviction is a matter of public record and will appear on a criminal background check. This can negatively impact employment prospects, particularly for positions requiring a commercial driver's license (CDL), operation of heavy machinery, or roles involving public safety or sensitive information. New Mexico allows for the expungement of certain criminal records, including DUI/DWI convictions under specific conditions, which can remove the conviction from public background checks. However, expungement is not guaranteed and depends on various factors, including the nature of the offense and the time elapsed since the conviction. Regarding employment, New Mexico is an at-will employment state, meaning employers can terminate employees for any legal reason, including a DUI/DWI arrest or conviction, unless there is a written employment contract that specifies the grounds for termination. In such cases, a DUI/DWI may constitute 'termination for cause' if it is included as a condition in the contract.