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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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My license was suspended for failure to appear in court. After

Customer Question

My license was suspended for failure to appear in court. After the court date I was given 30 days to pay or my license would be suspended. I paid the ticket on the last day (the 30th day). The lady at the DMV said it was suspended on the 30th day at 12:01 a.m. that morning. My background check shows the suspension even though I paid it on the same day that they show it was suspended . I diid have my license reinstate even though I thought I paid it before they said it would be suspended. I have receipts showing it was paid on the 30th day. I didn't find out it was suspended until a year later. This entry on my background check is preventing me from getting the job I want. What can I do to have this removed from my background... It has been about 3 years ago. Also, who would be the one to remove it? I need this removed right away. I know I should have appearred, but I did pay on the second chance. I Need help!!!!
Thanks MM
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

In order for me to better assist you, please provide the state that you are in.

 

Thanks

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

I had a Georgia license at the time, but My failure to appear for ticket was in nearby TN. I have since moved to TN. I now have a valid Tn license. My background just shows the suspension, not that it was cleared or anything

 

Expert:  xavierjd replied 5 years ago.

Thanks....The optional information didn't show up when the question first appeared. Also, I apologize because I hit "answer" instead of "need information"

 

The problem that you are having, I think, is that you have to clear your license in EACH state.

 

The failure to appear was in Tennessee. You needed to address that violation in Tennessee. If you went to court for your failure to appear, resolved the case and were given 30 days to pay, you needed to pay before the close of business on the 30th day.

 

If you didn't, you would have incurred more fees. If they weren't paid, your license would have remained suspended.

 

Georgia suspended your license because that is where your license originated. But...the Tennessee matter wouldn't be resolved until they were paid in full.

 

So, to fix the matter, you need to order a copy of your driving record from the Georgia DMV. Then, you need to take that to the Tennessee court. Pay all due and owing to the Tennessee court. They will give you a clearance of your license.

 

Then, take that clearance back to Georgia, and pay the reinstatement fee to have your license restored.

 

It's alot of leg work, but once it's done, your license will be good again.

 

I hope you find this information useful and that you press the GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank You.

 

Good Luck. If you need follow up, let me know.

 

 

 

 

Customer: replied 5 years ago.
I didn't go to court and a warrant was never issued . I paid the full amount due on the last day to the Tn court clerk.. Georgia just notified me that Tn had requested a suspension due to failure to appear. I did pay Tn court on the the 30th day but GA had already suspended by license that morning. which I didn't find out about until about a year later. I paid to have my license reinstated and had no problem with that. The ticket for this isn't even on my drivers record or my background check. Just the suspension is on my background check and it has to be removed. I feel that it shouldn't be on my background because I did what they ask to prevent this from happening. I need a little more help please.
Expert:  xavierjd replied 5 years ago.

I still think there is a problem in Tennessee. If Tennessee requested that Georgia suspend your license, then that means that Tennessee provided the wrong information to Georgia.

 

Unfortunately, I believe you are going to have to physically go to the court in Tennessee where the "failure to appear" occurred. You should ask to speak to the court administrator or supervisor. Ask to have the information on the "failure to appear" brought up on their computer. If the "failure to appear" was issued in error, then the court will have to relay that information to the Georgia DMV. The Georgia DMV can then make the appropriate corrections to your driving record.

 

It's unfortunate that you have to reinvent the wheel because the court made a mistake. BUT....it's the only way you are going to get it corrected.

 

If the Tennessee Court corrects the error with the Georgia DMV, you need to tell them that you NEED WRITTEN CONFIRMATION that this was done. You need confirmation that the transaction was completed by Tennessee to Georgia, and you need confirmation that Georgia corrected your driving record.

 

It's going to be a headache, but it will be worth the trouble to have it straighted out.

 

Again, Good Luck, and continue to be persistent!

 

Customer: replied 5 years ago.
I don't need clearance of license. I already have my license. I need my background cleared. It isn't on my driving record... Just my background check that was obtainted through First Advantage in Florida. TN court clerk said that Georgia is the one that gave me the 30 days to pay not them. Can I ask to talk to the judge about this matter. Would it be appropiate? This is a court in a very small city. Not alot of clerks and such, just a judge and a court clerk and she don't want to mess with me.
Expert:  xavierjd replied 5 years ago.

You can certainly ask to speak to the judge. Unfortunately, it is his/her choice as to whether or not to speak with you. If s/he did, it would have to be placed "on the record" in open court.

 

First Advantage is used as a "pre-screener" for employers. They have access to more information about you than you know about yourself. I'm wondering if the "late payment" showed up under one of the credit reporting agencies. Have you had your credit reports run since this happened? If not, you may want to do so. If something shows up on a credit report, it's going to be very difficult to correct. That makes it even MORE important that you get written verification that you paid on time.

If it is a credit reporting issue, you will probably have to contact a lawyer who handles debtor/creditor law to advise you. Sometimes initial consultations are free.

 

I'll try to keep thinking of other ways to go about trying to assist you. And if you have any follow up, I'll try to help. It's late where I am, and so I'll be signing off until tomorrow. But, I'll be back in the a.m. for further questions. Thanks.

 

 

Customer: replied 5 years ago.

I have receipts from the clerks office showing that my ticket was paid on day 30 in TN . That is the whole problem. GA DMV is saying that I paid the ticket a few hours too late and the suspension was applied to my record by computer on 12:01 a.m. on the 30th day which was August 15, 2006. The Ga DMV said the letter they sent said my license would be suspended on 8-15-2006 if payment was not paid to East Ridge city court by this time. Since it was paid in TN they would not have immediately known if the ticket was paid or not. Will I need a lawyer to straighten this out, or do you think it can be? I have been to both the TN city court clerks office in East Ridge,Tn and traveled 3 hours to the main GA DMV office in Atlanta, GA. I didn't talk to a supervisor in GA , just a regular clerk. The East Ridge TN clerks office would only give me a receipt showing the fine had been satisfied. What kind of paperwork do you think I would need from the Judge and the court to have this removed? If I can talk to the judge, what do you think I should ask for? I think Georgia would remove it only if I had something from the TN court asking that it be removed. On my Background check it just say SUSPENSION-FAILURE TO APPEAR. It doesn't have anything on it saying why it was suspended, and since I have no tickets on my drivers record who knows what an employer thinks (for all AT&T knows it could have been for a DUI) It doesn't say anything about my license being reinstated or anything.( What should I do? I can't want for several years until this rolls off my background. . AT&T is interested in me now. I have already lost my chance with them once because of this entry. I have nothing else to keep me from being hired..At&T will be expecting me to sign a paper allowing them to do a background check real soon, so I need to do something quick. I need some real good advice... I am willing to hire The right kind of attorney to handle this, do you have any suggestions. I can't find an attorney interested in helping me. Please remember I had a GA license and received the ticket in nearby TN. My Georgia license was reinstated and all fees paid. I have recently moved to TN which is about 5 miles from my old Georgia address.I now have a valid Tn License. Also, AT&T didn't do a credit check..I apprciate your valuable time and knowledge even though you don't reside in TN or GA

 

 

 

 

 

 

 

 

Expert:  xavierjd replied 5 years ago.

Hi-

 

Thanks for the further info. I'm on a conference call right now.....I'll be back with you in about 1 hour.

 

Thanks for your patience.

 

 

Sorry for the Delay.....

 

You need a letter from the TN Court indicating that the ticket was paid in a timely manner, and that an error was made when reporting the information to the GA DMV. Your license was NOT suspended b/c you paid on time.

 

The GA DMV needs to correct the error. The TN court should be able to transmit that information to the GA DMV. However, if not, there needs to be a letter signed by the Judge or Chief Clerk indicating the error and asking for the correction.

 

Call the TN court that you got the ticket in and ask when the Judge hears traffic tickets. Go to court on that day and time. BRING ALL DOCUMENTATION THAT YOU HAVE.

 

After all cases are heard, and you are the only one left, s/he may ask you what you are there for, or, before s/he leaves the bench, ask, "Your Honor, may I approach"? Hopefully s/he will say yes, and you will have an opportunity to explain:

 

1. I got a ticket on xxxx, xx, 200?

 

2. I was given 30 days to pay.

 

3. I paid on the 30th day.

 

4. Somehow, information was sent to the Georgia DMV that my license was suspended as of xxx,xx, 200?.

 

5. In fact, I have documentation to show that it was not suspended.

 

6. No suspension of any kind shows on my driving record.

 

7. However, when being "pre-screened" by the FLA company, my background check shows a "suspended for failure to appear"

 

8. The mark on my background check is prohibiting me from being hired by ATT.

 

9. ATT needs something to show that I should not have a "suspension for failure to appear" on my background check.

 

10. I have tried GA and TN DMV's, and each is pointing the finger at the other.

 

11. Is there ANY way possible that your staff can help me untangle this mess?

 

12. If your staff can transmit documentation to GA that I timely paid my fine and was NOT suspended as of xxxx, then I can request GA to correct my background check.

 

13. YOU ARE MY LAST HOPE. PLEASE HELP!

 

It's a very confusing situation, and you have to make it as clear and concise as possible so that the judge understands: 1) the problem; and 2) the life altering consequences it has on you.

 

I can almost guarantee that he won't speak to you over the phone. And, you can check in at the counter when you go to traffic court, but there is no guarantee that they will pull your old file. TRY IT...BUT, if that doesn't work, actually SIT IN THAT COURTROOM until you have a chance to be heard.

 

If you need further assistance, please let me know.

 

Best Wishes

Customer: replied 5 years ago.

Thanks,

I'm glad I finally have someone who understands my situation. I will gladly take your advice and go to the Tennessee court one more time. I hope I can work this out. Thanks for your very valuable time

Expert:  xavierjd replied 5 years ago.
You are VERY welcome. I wish I could be of MORE assistance. I really do understand your situation. Be PERSISTENT. I'll keep my fingers crossed. Thanks for helping me try to help you!Smile

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