Criminal Records for a Drug Possession Ordinance Violation

[gb72862]

My question involves criminal law for the state of: Wisconsin

My son was riding with a friend and they were stopped for speeding and the police found small amounts of marijuana and a pipe in their vehicle.

Both boys were charged with Possession of Marijuana and Possession of Drug Paraphernalia. His friend was 17 at the time and there is nothing concerning this on his record. My son was 18 at the time and he didn't get notice of a court date and a year went by and they had lost the paperwork but it still went to court. They told him that the charges were being brought down to an ordinance violation vs a Misdemeanor.

I thought that was a good thing, that although he did something wrong, it wouldn't hurt him in the future as far as jobs, etc., he wouldn't have a criminal record.

He recently applied for a job and was terminated when the background check showed charges on his record for the offenses. He has been turned down for other jobs but no one has ever provided a copy of the background check until now and he just thought he didn't meet the requirements of the job. The application for the job that terminated him asked whether he had ever been convicted for a felony or a misdemeanor and he answered no, which is correct because he had not been, it was charged as an ordinance violation. Looking at the background check you cannot tell what level the charge is, it just states conviction for Possession of Marijuana and Paraphernilia.

I am wondering if this might have been an oversight on the part of the county clerks office. I am trying to figure out what he needs to do now to not have this show up on his record as if it were a criminal charge vs. an ordinance violation. Should I contact the county clerks office or do I need to contact a lawyer to help with this.

Any advice would be greatly appreciated.

[Mr. Knowitall]

Was he terminated for lying on his application, or was he terminated because he had a drug record?

When you looked at his record, did you see an incorrect disposition that needs to be corrected?

[flyingron]

If he never went to court, it's unlikely it's a criminal CONVICTION. There may be pending charges there that have not been disposed upon.

Your best bet would be a lawyer who would be familiar with the jurisdictions involved who can either get the record corrected (if in error), or get some disposition on the charges if they're in some sort of pending (filed but not tried or formally dismissed) status.

You didn't ask, but frankly, most employers are not required to even give him a reason for not hiring him nor are they bound by any concerns of incorrect information on background checks.

[tc498]

Sometimes even thou the offense is not crime it can still come up in the background check,sometimes the arrest might come up. I was reading an article how a guy applied for a job at sears I think and the application ask about any criminal convictions and he been convicted of disorderly conduct. In new york that's a violation and not considered a criminal offense. The disordely popped up when they ran a check.