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Juliana
Juliana, Lawyer
Category: Criminal Law
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Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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I got a ticket in South Carolina in 1998 for Minor in Possession

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I got a ticket in South Carolina in 1998 for Minor in Possession of Beer. When I went to court the ticket was written incorrectly (the violation section number did not match the written violation). Now I can not remember the details exactly but I think that charge was dismissed and was possibly reduced to an open container charge. I do not remember if I plead guilty or even said anything. I paid a fine of $69. The reason I am wondering about this now is because I am in the process of applying for a new job. Is this considered a misdemeanor and is this considered a conviction? (I had always thought of this as a citation but do not want to lose any future job for answering incorrectly on a job application). Also would this have been reported so that it would show up on a background check?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Juliana replied 3 years ago.

Hello,

 

Thanks for your question.

 

Open container in a motor vehicle is a misdemeanor in South Carolina, in violation of Section 61-4-110 of the South Carolina Code of Laws. Here is a link:

 

http://www.scstatehouse.gov/code/t61c004.htm

 

If you paid a fine, it would have gone down on your record as a conviction. And, it would still be there today on your criminal record.

 

The best way to handle this on a job application is to be honest. There are very few people out there who don't have some type of minor violations on their record, either traffic offenses or misdemeanors. That makes you human. The fact that it happened so long ago, and you were likely very young when it happened, will work in your favor.

 

Hope this helps. Good luck!

Juliana

 

Customer: replied 3 years ago.
Juliana,

The citation code was 3-4 (open container in a public place not a motor vehicle). Does that change anything?
Expert:  Juliana replied 3 years ago.

I apologize for the delay in responding to your last post. Just Answer did not send me an email notification about it until late this afternoon, so I didn't realize it was there.

 

I'm not able to find a SC state code violation regarding open container in a public place (only the open container in a motor vehicle statute, which I've previously cited). Were you cited in a city/town in SC, under a local ordinance?

 

Thanks,

Juliana

 

 

Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience: Former prosecutor with 4 years of experience, criminal justice degree
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