Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2006
    Posts
    4

    Default Prior Convictions and Job Application

    I have accepted a new job in the state of New York and now have to fill out some HR paperwork. There is a question asking about any prior convictions, excluding minor traffic violations. Minor trafic violations are specifically defined as speeding tickets, parking tickets, etc., excluding DUIs.

    Eight years ago I was arrested for a DUI in the state of Arizona, however, the citation was reduced to a Reckless Driving and the only penalty was a $250 fine. A year later, I applied for the judgement of guilt to be set aside under the state law, based on the circumstances of the case. My appication was approved and the citation was dismissed.

    The job is in financial services and is completely unrelated to driving. I currently live in a different state. My question is - how should I answer that question on the job application? The court paperwork says that the citation was dismissed and that I am to be released from all related penalties and disabilities. However, I am concerned that if I say "No" and this incident somehow shows up, my answer would be viewed as not entirely truthful, because there was a conviction prior to dismissal. Of course I am concerned about the implications either way. Please help. Thank you.

  2. #2
    Join Date
    Nov 2005
    Posts
    310

    Default

    I would indicate that I had one out of state driving infraction that was set aside. If they want to know more they will ask. Short truthful answers are best in my opinion.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Convictions

    The question is about convictions. From what you have said, you were never convicted of a drunk driving offense, but only of reckless driving. So even if the conviction hadn't been set aside, you could honestly answer that you had never been convicted of drunk driving. (When a conviction is set aside, you can normally answer questions like that as if the conviction never occurred; although given that courts don't always order what people think they are ordering, and given that laws vary by state, that's worth confirming with a local lawyer in the county where the conviction was set aside.)

  4. #4
    Join Date
    Nov 2005
    Posts
    310

    Default

    The problem is that reckless driving would still be a major infraction, and in some states it is a misdemeanor and not a traffic violation.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Good point. All the more reason to stick with the "verify with a local lawyer" suggestion.

  6. #6
    Join Date
    Jan 2006
    Posts
    4

    Default Dismissed conviction

    Thank you all, this is very helpful.
    Unfortunately, the question is posed in a very tricky way, it says:
    "Have you ever been convicted of or pleaded guilty or nolo contendere ("no contest") to a crime of any kind other than minor traffic violations?"
    So it seems to me that I can say that I have never been convicted because the judgement was set aside, however, I did plead "no contest" before the judgement was set aside, so the question could be answered both ways!
    If I say "yes", the company requires to provide a detailed explanation and court disposition papers, if available. So a "yes" unfortunaly will lead to full (and somewhat embarassing) disclosure.
    Any further thoughts?

  7. #7
    Join Date
    Jan 2006
    Posts
    4

    Default Dismissed conviction

    Actually, let me quote the entire question. While reckless driving is not really a minor violation, it is a moving violation. And it was dismissed. Seems like a debatable subject again, for which a simple "yes" or a "no" is not quite enough...

    "Have you ever been convicted of or pleaded guilty or nolo contendere ("no contest") to a crime of any kind other than minor traffic violations? Minor traffic violations include parking tickets and other non-moving violations in addition to speeding and similar moving violations. Driving while intoxicated is not a minor traffic violation."

  8. #8
    Join Date
    Jan 2006
    Location
    Midwest
    Posts
    4

    Default

    You were probably "charged with" DUI, but "convicted of" Reckless Driving.

    The question does not indicate to disclose "charges". You plead no contest to Reckless Driving. Even if the question asks for details, I would provide details related to the conviction (i.e., fine amount, city of offense, date, etc), not the charges.

    If you disclose the details of the conviction, but not the charges, technically you would not be lying.

    Reckless Driving is a Class B Misdemeanor in my state and can also be a felony if harm to person and/or property is involved.

    1. Sponsored Links
       

Similar Threads

  1. Weapons Offenses: Prior Gun Convictions and D.C. vs. Heller
    By unlucky102 in forum Criminal Charges
    Replies: 7
    Last Post: 09-30-2009, 02:31 PM
  2. Naturalization: N400 Prior Convictions
    By sbaker25 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 04-15-2009, 08:07 AM
  3. Background Checks: Application Questions About Felony Convictions
    By smallfry in forum Employment and Labor
    Replies: 5
    Last Post: 10-23-2008, 03:06 PM
  4. Time Limit For Use of Prior Convictions
    By geminivixv in forum Civil Procedure
    Replies: 8
    Last Post: 08-28-2008, 06:19 PM
  5. Sentencing: Sentencing For Batterer With Prior Convictions
    By hotmawmaof2 in forum Criminal Procedure
    Replies: 1
    Last Post: 01-20-2007, 11:42 AM
 
 
Sponsored Links

Legal Help, Information and Resources