https://www.avvo.com/legal-answers/will-a-10-yr-old-owi-offense--that-has-fallen-off--5059771.html#answer_10229104
Will a 10 yr old OWI offense, that has fallen off my record, show up on a background check? In Wisconsin, 10 years ago I got an OWI, first and only one, it fell off my record after 5 yrs, will it show up on a background check?
Answer by Jay K. Nixon,
Criminal Defense Attorney in Kenosha, WI , with 40 years of WI legal experience
Yes, any in depth background check using your fingerprints or
checking DMV records will still find this ten year old drunken driving. A more casual check, where the HR Department is doing their own quick investigation, would also find it
if it was in the WI circuit court system, which has a public website, but possibly not if it
was in a municipal court which usually would not have a public website. The DMV
retains OWI related traffic records for life, although rumor has it that they
really just look back 30 some years. Even though this one appears to have
fallen off your record, you will also get a rude surprise if you have another OWI
related arrest during your life, since it will still be 3rd offense, subjecting
you to up to a year in jail. There are at least a dozen different levels of
background checks, the most intense being for federal jobs requiring T-1, Top
Secret Clearance. At that level of intensity background investigation,
your fingerprints would definitely be run through the FBI's national crime
computer (which keeps all arrests where prints were taken). On lower end of the intensity scale would be
a sole proprietor doing his or her own cursory background check of public
records for hiring purposes, which search would probably not find a ten year
old OWI which was not in circuit court. If we knew where you were applying,
however, we might be able to make a better guess what level might apply to the
job for which you were applying. Either way, good luck in whatever you are
applying for!
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