Will my OUI show up on a third party background check?

It probably will unless you move to seal your record It also depends it part on the type of business you work. Some federal license business, child care etc can pierce through a record that's. even sealed

Your CWOF should not show on a CORI check, because the charge has now been dismissed. However, you should GOOGLE your name, because your arrest may show up there.

Third-party background checking agencies have the same level of CORI access from the Department of Criminal Justice Information Systems (DCJIS) the the employer it is working for. If the employer has access to non-convictions from DCJIS, so would the third-party agency. Generally speaking, employers working with vulnerable populations like children or the elderly can see non-convictions, other employers cannot. But that's only one dimension of the "can they see my dismissed OUI" question. Some background checking agencies will check the name indexes and court files in the courthouses that service the towns that you have lived in, in which case the non-conviction OUI will be discovered, even if the employer doesn't have the access level to get non-conviction information from DCJIS. Your best course of action is to get the charges sealed, as a sealed record makes the DCJIS records as well as the courthouse records inaccessible, even to parties who could access non-convictions. As it was a non-conviction, there is no waiting period and with the pending conditional job offer looming, your have a good case for sealing. Contact an attorney with experience sealing records as soon as possible, as the in court sealing procedure can take some time to complete. Good luck, Dominic Pang (617-538-1127)

A cwof followed by a dismissal is a "non-conviction". When an employer does a record check (called a CORI check) through the Massachusetts Department of Criminal Justice Information Services the employer may or may not receive "non-convictions". It all depends on the "Requestor Type" into which the employer fits. There are six categories of requestor types. The first three (called "Open", "Standard", and "Required 1") do NOT see "non-convictions" for DUI. The last three (called "Required 2", "Required 3", and "Required 4" DO see "non-convictions" for DUI. So we need to know what "Requestor Type" your particular employer is. The Massachusetts Department of Criminal Justice Information Services maintains a chart showing the different types of employers and the Level of CORI access each type is allowed. A lawyer with knowledge of the chart can help you find out whether your employer will get access to your "non-conviction". Good Luck and I hope you get the job! Robert D. Lewin, Attorney

It depends on the potential employers level of access to run CORI checks. If the employer is say a nursing home then yes. On the other hand if the employer is a grocery store then no. If you are denied the employment after they run a background check you will want to contact an attorney to help you in the process of sealing the dismissal.