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If you’ve been charged with or convicted of OUI (Operating Under the Influence) in Massachusetts, you may wonder how that event will affect your future—especially when it comes to background checks. Whether you’re applying for a job, renting an apartment, or pursuing a professional license, understanding how an OUI appears on your record is key to managing expectations.
Massachusetts treats OUI as a criminal offense. That means it doesn’t just show up on your driving record—it also appears on your CORI (Criminal Offender Record Information) report. This record is what most employers and organizations access during a background check. Even if your case was dismissed or resolved through a CWOF (Continued Without a Finding), the event may still be visible unless you’ve taken legal steps to have it sealed.
This blog post explains how an OUI appears on different types of background checks in Massachusetts, who can access the information, and what options you may have to limit its visibility over time.
How Background Checks Work in Massachusetts
Background checks in Massachusetts rely primarily on the CORI system, which contains a person’s official criminal history. The type and amount of information shown in a background check depends on who is requesting the information and their level of access.
Massachusetts uses a tiered access system, meaning:
- Standard employers see a limited view of your criminal record.
- Certain employers, like schools and financial institutions, have broader access.
- Law enforcement and courts have full visibility.
For most people undergoing a routine employment check, the CORI report will include:
- Open cases
- Convictions
- Non-conviction outcomes (e.g., CWOFs and dismissals) within the past five years
This system ensures that OUI cases, regardless of how they were resolved, can show up on background checks unless sealed. Even if your case didn’t result in a conviction, it may still appear and influence hiring or housing decisions.
Will an OUI Always Show Up on a Background Check?
In many cases, yes. An OUI will show up on a background check unless it has been formally sealed through a petition to the Massachusetts Commissioner of Probation.
Here’s how different outcomes appear on background checks:
- Conviction: Will appear for life unless sealed after five (misdemeanor) or ten (felony) years.
- CWOF (Continued Without a Finding): Will appear as a non-conviction event for five years unless sealed.
- Dismissal or Not Guilty Verdict: Will still appear until sealed, even though there was no conviction.
If you take no action to seal your record, your OUI case will remain accessible on CORI and will continue to show up in background checks indefinitely.
This visibility can impact your eligibility for jobs, housing, and licenses—particularly in sensitive fields or when high-level clearance is required.
Who Can See an OUI on Your Background Check?
The extent to which an OUI appears on a background check depends on the requester’s level of CORI access.
Here are common entities and what they can typically see:
- General Employers: Can see misdemeanor convictions and recent non-convictions like CWOFs.
- Schools, Financial Services, Healthcare Employers: Often have required CORI access, allowing them to see sealed records and older dispositions.
- Landlords and Housing Authorities: May request a basic CORI check that shows open cases and recent convictions.
- Government Agencies and Licensing Boards: Have broader access and may consider older or sealed records in decisions.
The bottom line: Even if your OUI occurred years ago, some organizations will still be able to see it, particularly if you haven’t sealed the record.
Does a Sealed OUI Still Appear on Background Checks?
Once your OUI record is sealed, it no longer appears on most standard background checks.
- Employers and landlords performing standard checks will not see the sealed OUI.
- You are legally allowed to answer “no” when asked if you’ve been convicted of a crime.
- Law enforcement, courts, and certain agencies (such as those handling professional licenses) can still access sealed records.
It’s important to understand that sealing a record doesn’t erase it—it simply limits its accessibility. Courts can still use a sealed OUI as a prior offense if you’re ever charged again. Also, regulated professions (e.g., education, healthcare, law enforcement) may still require disclosure.
So while sealing helps in everyday scenarios, it doesn’t make the OUI vanish from the system entirely.
How OUI Background Checks Impact Employment and Licensing
An OUI on your background check can affect several areas of life in Massachusetts:
- Job Applications: Many employers ask about criminal history and conduct CORI checks. An OUI may influence hiring decisions, especially for roles involving driving or public trust.
- Professional Licensing: Occupations such as nursing, teaching, or financial advising often involve deeper background checks that can flag even old or sealed OUIs.
- Commercial Driving Jobs: A history of OUI can disqualify candidates from positions requiring a Commercial Driver’s License (CDL).
- Volunteer or Youth Programs: Organizations that work with vulnerable populations may reject applicants with visible criminal history, including OUI.
While each employer or agency makes its own decisions, having a visible OUI can complicate your path in certain industries, particularly if not sealed.
Can an Employer Deny a Job Because of an OUI?
Yes. While Massachusetts law protects against some forms of discrimination based on criminal records, employers can deny employment if they believe a past OUI is relevant to the job.
That said, Massachusetts law also includes:
- Ban-the-Box: Employers cannot ask about criminal history on initial job applications.
- CORI Reform: Employers must inform you if a criminal record impacted a hiring decision and must provide a copy of the CORI report used.
If your OUI record is sealed, you are not legally obligated to disclose it to most employers. However, jobs in regulated fields or requiring security clearance may still access sealed records and factor them into hiring decisions.
FAQ: OUI and Background Checks in Massachusetts
Will my OUI always be on background checks?
Yes, unless the record is sealed. Otherwise, the charge or conviction remains visible indefinitely.
Can I get a job with an OUI on my record?
Possibly. It depends on the job, the employer, and whether the record has been sealed.
Does a CWOF show up on a background check?
Yes. A Continued Without a Finding appears as a non-conviction on CORI reports unless sealed.
How long before I can seal my OUI record?
- 5 years after a misdemeanor conviction
- 10 years after a felony conviction
- Immediately after a dismissal or CWOF completion
Do Uber, Lyft, and similar companies see OUIs?
Yes. These companies conduct driving record and CORI checks. A visible OUI often disqualifies applicants.
Conclusion
An OUI in Massachusetts can—and often does—appear on background checks, even years after the court case concludes. Whether the case ended in a conviction, a CWOF, or a dismissal, the record will remain accessible until it is formally sealed. While sealing can help reduce the impact of an OUI on employment and housing, the record remains visible to certain agencies and the court system.
For a deeper understanding of how criminal records affect your future, visit our guide on DUI Records And Long Term Impact.
To explore the specific effects of OUIs on screening processes, check out our focused article on How DUI Convictions Appear on Background Checks.