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 Jersey, a DUI/DWI conviction is considered a traffic offense rather than a criminal offense, but it still can have significant consequences for employment. Such a conviction will appear on driving records and can be discovered during background checks by prospective employers. This can negatively impact employment opportunities, particularly for jobs requiring a commercial driver's license (CDL), operation of heavy machinery, or positions involving public safety or sensitive information. New Jersey is an at-will employment state, meaning employers can terminate employees for any reason, including a DUI/DWI arrest or conviction, unless restricted by a written employment contract. Expungement of DUI/DWI records in New Jersey is generally not possible, as traffic offenses are not eligible for expungement under state law. Therefore, a DUI/DWI conviction can have long-lasting effects on an individual's employment prospects.