Understanding Physical Control and Its Implications
Physical control refers to a situation where an individual is in control of a vehicle, but not necessarily driving it, and is under the influence of alcohol or drugs. This can occur when someone is sleeping in a parked car or sitting in the driver's seat with the engine off.
A physical control charge can have significant implications, including fines, license suspension, and even jail time. Additionally, it can lead to increased insurance rates and may be considered a prior offense if the individual is charged with a subsequent DUI.
How Physical Control Charges Appear on Background Checks
A physical control charge may appear on a background check, depending on the type of search conducted and the laws of the state where the charge occurred. In some cases, a physical control charge may be reported as a misdemeanor or felony conviction, while in other cases, it may not be reported at all.
Employers, landlords, and other organizations may use background checks to screen applicants and tenants, and a physical control charge can be a red flag, potentially affecting an individual's chances of being hired or approved for housing.
The Impact of Physical Control on Employment Opportunities
A physical control charge can have a significant impact on employment opportunities, particularly in industries that require driving or involve working with vulnerable populations. Employers may view a physical control charge as a sign of poor judgment or a lack of responsibility, which can make it difficult for an individual to secure a job.
However, the impact of a physical control charge on employment opportunities can vary depending on the specific circumstances of the case and the employer's policies. Some employers may be willing to consider an individual with a physical control charge, while others may automatically disqualify them from consideration.
The Effect of Physical Control on Tenant Screening
A physical control charge can also affect an individual's ability to secure housing, as landlords may use background checks to screen potential tenants. A physical control charge can be a concern for landlords, as it may indicate a higher risk of property damage or liability.
However, the impact of a physical control charge on tenant screening can vary depending on the landlord's policies and the specific circumstances of the case. Some landlords may be willing to consider an individual with a physical control charge, while others may automatically reject them.
Seeking Legal Counsel and Expungement Options
If an individual has been charged with physical control, it is essential to seek legal counsel to understand their options and potential consequences. A lawyer can help navigate the legal system and work to minimize the impact of the charge on the individual's life.
In some cases, it may be possible to expunge a physical control charge from an individual's record, which can help to minimize its impact on employment and housing opportunities. However, the process of expungement can be complex and time-consuming, and it is essential to work with a qualified lawyer to ensure the best possible outcome.
Frequently Asked Questions
What is physical control and how does it differ from a DUI?
Physical control refers to a situation where an individual is in control of a vehicle, but not driving, and is under the influence of alcohol or drugs.
Will a physical control charge show up on a background check?
A physical control charge may appear on a background check, depending on the type of search conducted and the laws of the state where the charge occurred.
How long does a physical control charge stay on my record?
The length of time a physical control charge stays on an individual's record can vary depending on the state and the specific circumstances of the case.
Can I get a physical control charge expunged from my record?
In some cases, it may be possible to expunge a physical control charge from an individual's record, which can help to minimize its impact on employment and housing opportunities.
How does a physical control charge affect my employment opportunities?
A physical control charge can have a significant impact on employment opportunities, particularly in industries that require driving or involve working with vulnerable populations.
Can a physical control charge affect my ability to rent an apartment?
A physical control charge can affect an individual's ability to secure housing, as landlords may use background checks to screen potential tenants.