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  1. #1
    Join Date
    Nov 2013
    Posts
    2

    Default When Will a Public Intoxication Charge Show Up on a Background Check

    My question involves criminal law for the state of: Nevada.

    I received a public intoxication citation at the Hoover Dam in 2005. For a job offer I received and related required background check, I am being asked if I have ever been convicted of, or plead guilty or nolo contendere ('no contest') to a crime (felony, misdemeanor or equivalent).

    I paid the required citation fee on time and was told that there would be nothing on my record. I also understand that in Nevada there is no law against public intoxication, but one can be issued a civil citation (what happened to me).

    Is this something I should respond "Yes" or "No" to on the background check? Again, it was a civil (not criminal) matter and it was a citation.

    Many thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Public Intox at the Hoover Dam - Citation - Will It Show Up on Background Check

    Correct, there is no such offense as Public Intoxication in Nevada. Hoover belongs to the feds (BLM). I suspect that you were charged FEDERALLY with Public Intoxication (which there very much is such a statute). Yes, if you paid the fine you were convicted of a crime. You have a record.
    If it wasn't the feds, but some state (or local) charge, then it most likely was charged as disturbing the peace or such which is still a crime.

    - - - Updated - - -

    By the way "will it show up on background check" is secondary to "Should I lie on my job application (or security clearance application)?" if you lie, and get found out (perhaps after the fact), it will be very bad for you. Lying on a security clearance application is a pretty good way to lose and NEVER EVER GET AGAIN a clearance.

  3. #3
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Public Intox at the Hoover Dam - Citation - Will It Show Up on Background Check

    Thanks for the helpful feedback. Not that it may mean much, but here are some follow-ups:

    - I have accessed 2 online background checks in my name and neither revealed any arrest or criminal record
    - I believe it was the Hoover Dam Police department, which does appear associated with the government.
    - I called the Hoover Dam Police department and was casually informed by an officer (though it such advice should not be taken for the final, written-in-stone fact) that it would be "very surprising" if I had a record for such an event, and that it would be "very difficult" to access or find a record like that from 2005.
    - I guess the key hang-up for me is that it doesn't seem it was a "criminal" offense (which is what the question is asking).

    Is a civil citation a "criminal" charge?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: When Will a Public Intoxication Charge Show Up on a Background Check

    We have to make a number of assumptions here - but you should be able to get a clear answer by obtaining the record of your offense from the court through which you paid your fine.

    Assuming you were charged with a violation of 36 CFR 2.35(c), the penalties are outlined at 36 CFR 1.3, and the penalty can vary not only by the provision you violated but also depending upon the classification of the park. It looks to me, from a review of 5 USC Sec. 901, that the Hoover Dam falls under 36 CFR 1.3(d), an offense punishable by a fine only, which would be consistent with your account of being issued a ticket that you resolved without any court appearance simply by paying a fine. Per 18 USC Sec. 3559(f), the classification of such an offense is as an "infraction", not as a misdemeanor.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Will a Public Intoxication Charge Show Up on a Background Check

    The "Hoover Dam Police Department" are federal agents of the Bureau of Land Reclamation (Department of Interior). Mr KIA's info applies.

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