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 York, a DUI/DWI (Driving Under the Influence/Driving While Intoxicated) conviction does indeed appear on a criminal background check, which can negatively impact employment prospects. This is particularly true for positions requiring a commercial driver's license (CDL), operation of heavy machinery, or roles involving public safety or sensitive information. New York State does not allow for expungement of criminal records, but under certain conditions, individuals may apply to have their records sealed, which can limit their visibility to potential employers. However, sealing is not guaranteed and is subject to eligibility criteria. Regarding employment, New York 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 contract that specifies the conditions under which termination is allowed. If such a contract exists, a DUI/DWI may constitute grounds for termination 'for cause' as specified within the contract.