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  1. #1
    Join Date
    Apr 2009
    Posts
    5

    Default Moving Out of State with Felonies

    My question involves criminal law for the state of: Texas and North Carolina. I'm thinking of moving out of texas to north carolina. I have 2 forgery , 2 dwi and 1 possession cont. substance 1-4 grams. I can't get a job for nothing. are there any states that arent as hard on felons as texas and which ones would they be? It seems that with the internet it won't matter what state I live in but what about my driving record? If I move to another state and just apply for a license there will my crimes_dwi and the rest be transferred to that new d.l. #?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Moving Out of State with Felonies

    As is explained here,
    Quote Quoting Criminal Records & Employment
    The majority of states allow employers to refuse to hire anyone with a conviction record – or even an arrest that never led to conviction – because they have absolutely no guidelines or regulations on how an employer must evaluate a criminal history when considering an applicant. Only fourteen states have legal standards governing public employers’ consideration of an applicant’s criminal record that require an individualized assessment of the applicant’s qualifications and ability to do the job. These states are: Arizona, Colorado, Connecticut, Florida, Hawaii, Kansas, Kentucky, Louisiana, Minnesota, New Mexico, New York, Pennsylvania, Washington, and Wisconsin. To see an overview of the laws of all fourteen states, click here. Only five of those states – Hawaii, Kansas, New York, and Wisconsin – regulate private employers. Even when it comes to granting licenses for a wide range of occupations, only 21 states have standards that require a “direct,” “rational,” or “reasonable” relationship between the license sought and the applicant’s criminal history to justify the agency’s denial of license, while the other 29 states do not.
    Further,
    Five states forbid private employers from having flat bans against hiring persons with a conviction record. For example, New York law prohibits public and private employers in New York from having a blanket policy of denying former offenders employment. The law requires employers to determine if: 1) there is a direct relationship between the conviction history and the specific duties required to fulfill the job requirements, and 2) whether granting the job or license would pose an unreasonable risk to people or to property. Similarly, Kansas requires that the conviction reasonably bear on the applicant’s trustworthiness or the safety or well being of the employer’s employees or customers to justify excluding an applicant on the basis of a criminal conviction. Hawaii allows employers to consider only rationally-related criminal convictions that occurred within the past ten years and only after a conditional offer of employment has been made. In Wisconsin, private employers may only refuse to employ individuals who are not bondable as a result of their criminal convictions and those convicted of felony and misdemeanor offenses substantially related to the position license sought.
    As for how any particular state will treat your driving history, ask the DMV for that state.

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