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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 16243
Experience:  Active member of the NYS bar since 1989
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I was convicted (pleaded guilty) of a DWI in 2006 (September)

Customer Question

I was convicted (pleaded guilty) of a DWI in 2006 (September) that covers several other violation tickets including that of DWI First Offence. On a recent background check form for an employment in an Investment Bank (Technology Division) , I didn't see any question around any criminal record. So, I didn't mention the conviction. Should I be concerned or do I need to bring it to their notice on my own.

Thanks,
Neil
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hi,

If the question wasn't there, leave well enough alone. If you mention it, you stand to lose the job, and if you don't, you stand to lose the job. If it was on the form and you somehow missed it and left it blank, tell the truth if they bring it up. But if it wasn't there, I sure wouldn't stir a pot that isn't boiling.

Good luck!

Customer: replied 1 year ago.

According to your expert opinion, will such a conviction ever come on the way of my employment during background check. I haven't faced any though till now. My question is whether I need to remain concerned for any new employment going forward. Thanks for your help. To bring some clarity here are the exact details from the disposition report from Rockland County Court, NY.


 



Arrest/Incident Date: 09/03/2005

Charges:

1. Operating motor vehicle under influence of drug or alochol (M)
2. Failure to stay in single lane (I)
3. Operate leaves scene of property damage accident (I)
4. Entering or exiting highway illegally (I)
5. Keeping to right (I)
6. Crossing divider on limited access highway (I)
7. Operating motor vehicle under influence of drug or alcohol (M)
8. Changing lane when hazardous (I)


Disposition Date: 09/13/2006


Disposition:

1. Pled guilty
2. Covered by the pled to charge
3. Covered by the pled to charge
4. Covered by the pled to charge
5. Covered by the pled to charge
6. Covered by the pled to charge
7. Covered by the pled to charge
8. Covered by the pled to charge



Sentence Information:
Fine $500
Conditional Discharge 1 year.

Expert:  Zoey, JD replied 1 year ago.
Hi,

I didn't realize you were from NYS.

Nobody's going to care about the traffic infractions. The only thing you really have to worry about is the DWI, which is a misdemeanor conviction.

Whether this will turn up will depend on how deep a background check gets done and how many years they want to go back. If they don't go back more than 7 years, you will be okay.

I can't predict what will happen to you with this job, but why not apply for a certificate of relief from Civil Disabiilties? New York doesn't expunge cases and a governor's pardon here is rarer than a hen's tooth. Because of that, they have this certificate and if you get one, no NYS employer can discriminate against you solely because of your prior conviction.

You get it through the Department of Parole, and it's a pretty useful document. I don't know whether you could get one in time to be of any assistance in your present job if your offense comes to light. But you'd have it in place thereafter. It's free , you can apply for it without a lawyer, and though it can't erase your crime, it can do you no harm. It might even give you a basis for a suit if you wrongfully don't get a position. You can find out how to get the certificate and what it does and doesn't do here.

Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 16243
Experience: Active member of the NYS bar since 1989
Zoey, JD and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for clarifying. One last question - the point is, even for some reason if the conviction above shows up during background check, should that be of any concern for someone in Computer/IT profession?

Expert:  Zoey, JD replied 1 year ago.
The banking industry is tough on people with criminal records at least if the conviction is of the sort that has to do with trust or honesty. Your offense does not and additionally, you're not applying for a position to handle money. Finally, you have a misdemeanor and not a felony, which is also good.

But you're asking me to predict the future, and I can't do that. Some businesses will not hire a person with a criminal record no matter what his or her offense was. Others make distinctions based on how long ago the conviction took place and on the nature of the crime. An old DWI should not be an impediment to a Tech posiiton in a bank but if you lose that job and suspect it had to do with your record, that's exactly why you need the certificate, because if you have the certificate and you lose a position then you have grounds to do something about it.

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