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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31603
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Will conviction of false report of driver's logbook mean I

Customer Question

Will conviction of false report of driver's logbook mean I have a criminal record?
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Please give me a bit more information, so we can help you best.
Customer: I received a citation from an Iowa state trooper for "false report of drivers record of duty status". The fine to pay it is $127.50. I want to know if I pay it will this be considered a criminal act and leave me with a criminal record for a misdemeanor?
JA: Anything else I can tell the Criminal Lawyer before I connect you two?
Customer: This is my first offense by the way.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Misdemeanors can show up on background checks; but whether it will show up on your background check depends on how thorough the check is.
Expert:  Roger replied 1 year ago.
But, if the law enforcement does a check, it should appear.
Expert:  Roger replied 1 year ago.
However, if a private party or an employer performs a background check, it is highly unlikely that the offense would appear as they usually only report felony offenses.
Customer: replied 1 year ago.
That doesn't really answer my question whether conviction of this offense is actually a misdemeanor or not? The citation references Iowa statute Sec.# ***** and Fed/Adm Code 395.8E
Expert:  Roger replied 1 year ago.
Oh....I'm sorry - I thought you said that it WAS a misdemeanor and you were wondering if it would show up on your record. My apologies. Let me take a look.
Expert:  Roger replied 1 year ago.
Neither Iowa Code 321.449 (https://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&input=321.449) nor Fed. Admin. Code 395.8(e) (https://www.gpo.gov/fdsys/pkg/CFR-2011-title49-vol5/pdf/CFR-2011-title49-vol5-sec395-8.pdf) say what type of offense this is.However, the following link states that falsifying a log book under Iowa law is a misdemeanor, carrying a fine and up to 6 months in jail: http://www.drivinglaws.org/resources/traffic-tickets/commercial-license/iowa-commercial-drivers-lice
Expert:  Roger replied 1 year ago.
So, this offense should be a misdemeanor at worst, and can appear on your background check.....depending on how thorough the background check is.