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Len
Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience:  15 years practice in criminal and employment law.
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In early 1996, I was convicted of a DUI in Charlotte, NC.

Resolved Question:

In early 1996, I was convicted of a DUI in Charlotte, NC. I was sentenced to 24 hours community service and had my drivers license suspended for one year. I am currently looking for a new job / career since the company I currently work for in Little Rock, Arkansas has been sold and I know that the group that I am in will be severed in the very near future. Recruiters and hiring companies are asking the question: "Have you ever plead “guilty” or “no contest” to, or been convicted of a crime or felony? If yes please explain." QUESTION: How should I answer this question? Regardless of what happened, I got the short end of the stick (in my opinion) and the botXXXXX XXXXXne is that I was convicted, which I understand stays on my record forever.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Len replied 5 years ago.

OK, this going to take some time, but I"ll be glad to help. Could I get some more information?

 

1. Are you sure this was a straight conviction? COuld it have been "deferred"?

 

2. Did you satisfy all terms of probation?

 

Thanks,

 

Len

 

Customer: replied 5 years ago.
1. I'm not sure what you mean by "deferred". Can you please clarify? I did receive driving priveleges for work, for the class I had to take and for community serivces.

2. I satisfied all terms 100% without questions or delay and was able to get my Arkansas Drivers License immediately following (I moved from Charlotte, NC to Little Rock, AR for my job while my drivers license was suspended.
Expert:  Len replied 5 years ago.

OK, no problem. In a deferred sentence, the court does not enter a conviction on your record. You are still placed on probation. Do you recall any discussion of that sort with your attorney or in court?

 

Also, do you plan on staying in Arkansas?

 

Len

 

Customer: replied 5 years ago.
1. I don't recall a discussion related to a deferred sentence. I can probably call the Attorney's Office on Monday (if they are still in business) or do you have any other ideas on how I can find that out?

2. As far as staying in Arkansas, 50/50. I have some opportunities I'm discussing with Walmart Corp. in Bentonville, I'm also working with a local recruiter as well as one out of Dallas, TX. It all depends on where I am amble to get the best opportunity. Any specific reason for this question?
Customer: replied 5 years ago.
Len - If you have a way to check and see about it having been a deferred sentence and need my ARDL (or I think I may still even have my NCDL somewhere), I'll be glad to give that to you. Let me know. :-)
Expert:  Len replied 5 years ago.

No it's not going to be possible to that the check tonight. If you did get a deferred, then you were never "convicted". If that is the case, your answer is "no". CHeck on that Monday when you contact your NC attorney.

 

The reason I asked about arkansas is that the employment laws on the answer to the "arrest or convicted" question vary by state. I'm going to continue one more important aspect of your question, but if you do find an opportunity in a specific state other than Arkansas, you can come back online here and ask for me. I'll find that out.

 

But, in Arkansas, there is no express prohibition to asking the conviction question. Some states do in fact make it illegal to ask about arrests, some states only allow questions about felony convictioons, still other allow questions about crimes of dishonesty (theft), etc. So, it becomes a very difficult question.

 

I need to check into one aspect of this whiuch could become very important. It will take 15-20 minutes, but I'll be back.

 

Len

 

Customer: replied 5 years ago.
So you are saying that in Arkansas they can ask that question and so I should answer it honestly?

What is the difference between crime and felony (if any)?

Take your time. I know I marked this question as "urgent" as a result of a Recruiter waiting for me to answer this question. BUT, I can answer her Monday afternoon if needed.
Expert:  Len replied 5 years ago.

OK, I can finish the answer now.

 

As to the question in Arkansas, unless the lawyer in NC says the case was deferred, you will have to answer "yes" to a conviction.

 

Something to keep in mind that anyhigher level position anymore will be done by a serious internal HR staff or professional recruiter. Either way, they are going to use other services which havbe access to your criminhistory, known as your NCIC or triple III, So, it will not benefit you to leave the question blank. In fact since, we are talking about a 13 year old petty misdemeanor, it would more harm tha good. You have to assume they already have or will obtain the information.

 

I went and did some research on a seldom used tool called "expunction, expungement, or sealing of records". I found that NC does have procedures for expunction incertain conditions. There are several places in all state codes thatprovide for such a procedure. You need to contact a NC lawyer thathandles these actions. Why? Expunction eliminates older and minor criminal offenses fromyour record. You will need to use a lawyer to be effective at all, or to find out if it is an option. I just wanted you to be aware of it.

 

Here is a site that you can go to and obtain a certified copy of your criminal history in NC. It will resolve anydoubt about a prior conviction:

 

http://www.ncsbi.gov/faqs.jsp?sectionid=offices&subsectionid=ciis&hidesearchcrit=true&action=submit

 

Please review all of my previous posts. They all apply and carry some relevant information. Definitely contact a NC lawyer about your record and expunction, and if you need me in the future, just ask for me.

 

I guess the last thing to keep in mind is that you will be able to change some of the past, or not, Try to correct what you can. Beyond that, I still wouldn't lose sleep. Yours is an old conviction that is very small in the big scheme of things.

 

Take Care,

 

Len

 

Please press accept and leave some feedback when you get a chance.

 

 

Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience: 15 years practice in criminal and employment law.
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