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Legal Question

Discussion in 'Off Topic Threads' started by Sharp1, Oct 12, 2012.

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  1. Sharp1

    Sharp1 Member

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    Attorney's please chime in... I may be asked very soon if I have ever committed a crime(Job interview)... 12 years ago I made a mistake and was charged with a DUI, since my breath test was .004 over the limit I received a "Defered Judgment" I have not had any trouble since. Can I answer legally that "No" I have not been convicted of a crime? Wasnt sure what exactly the Defered Judgement actually means... If infact I have been convicted of a crime I will fess up, just wanted to know my options. Thanks
     
  2. Porcupine

    Porcupine Active Member

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    Not a lawyer, but a 'deferred judgement' is not a conviction.

    LA in MA
     
  3. halfmile

    halfmile Well-Known Member

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    Usually they refer to a crime punishable by one or more years in prison.

    DUI is only a crime if you kill someone AFIK. Otherwise it is a violation.

    You're good to go.

    HM
     
  4. 635 G

    635 G Well-Known Member

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    Usually a deffered judgement means you are guilty but not sentenced.

    Phil Berkowitz
     
  5. Catpower

    Catpower Molon Labe TS Supporters

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    In Texas it means you were guilty, but if you are a good boy for the time frame in the deferment it gets expunged from your records
     
  6. g7777777

    g7777777 TS Supporters TS Supporters

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    That is unlikely to be the way the question is phrased exactly

    Part of this is reading comprehension

    See an attorney in your jurisdiction

    If you fail to answer that type of question honestly- you have a problem

    Regards from Iowa

    Gene
     
  7. NMULTRARUNNER55

    NMULTRARUNNER55 Member

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    You said the questions was "ever committed a crime." If you were over the limit you committed a crime.

    Either way, it will be identified in a good background investigation so you should be up front and provide all the details.

    Steve Nunley

    Albuquerque, NM
     
  8. Stl Flyn

    Stl Flyn Well-Known Member

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    Like Gene said, that wording would be to find out what your response is. Does it not ask if you where ever convicted of a crime? So basically if the question is worded that way, they are asking you to honestly answer if you ever committed a crime in your eyes, whether or not, you got caught. That would be a damned if you do, damned if you don't question, depending on if there is a conviction. They may be searching for integrity, honesty, etc. Tough question to answer in that situation.
     
  9. pdq

    pdq Member

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    Sharp1:

    I'm not an attorney, but I sit on an adjudication board at our company that makes decisions on new employees were there is something on their record. If a person is forthcoming, admits to a DUI on the application form that was 12 years ago, and there were no other issues, that single event would be overlooked and they'd be cleared to be hired.

    But if in asking if they've ever committed a crime and they put "no" on the application form and it is then discovered, then that would be considered lying, and they would be refused employment.

    Honesty is the best policy, especially in your case if it was 12 years ago (assuming that nothing else shows up on the report).

    Pete
     
  10. blade819

    blade819 Well-Known Member

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    Generally "a crime" in the context of job interview often even a lie detector test refers to a felony.

    blade819
     
  11. hmb

    hmb Well-Known Member

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    Not all violations of the law are crimes. Check with the police department where the violation occurred and see what the violation you described is classified as. HMB
     
  12. wolfram

    wolfram Well-Known Member

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    You can do a criminal background check on yourself and see what comes up.It costs a few bucks but you can do it on line. If the incident you are talking about is on there then the perspective employer will see it too. If this is the case just be up front about the incident - acknowledge the mistake and emphasize that you have not had any infractions since.

    If on the otherhand nothing shows up on your background check then you have nothing to explain and you aren't telling a lie.

    Google is your friend...
     
  13. gdbabin

    gdbabin TS Member

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    12 years ago was a long time ago...


    Look up your name in the court records.


    I wouldn't offer the info if it was me--especially if the record does not reflect a conviction.



    Guy Babin
     
  14. Hauxfan

    Hauxfan Well-Known Member

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    Plead the Fifth! ;-)

    Hauxfan!
     
  15. kcbullets

    kcbullets Member

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    A DUI is a crime regardless of whether charged through a city, county, or state; and regardless of whether as a misdemeanor or felony. Traffic infractions or violations are not considered crimes. If you are being asked as part of a job application be honest and upfront. However, you asked if you can legally say no! It is not a legal matter. However, if asked as part of a testimony in court, then it may be a legal matter. Bottom line, and either way, tell the truth. Follow up questions are sure to be asked and you can explain the deferred judgement. And that one charge shouldn't cause any issues. Lying always does!
     
  16. grntitan

    grntitan Well-Known Member

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    I think you are making a mountain out of a molehill here. Tell the dang truth. Tell them you made a stupid mistake in your past and regret it. The truth will set you free.

    Disclaimer:<br>
    I am not an attorney but I did stay at a Holiday Inn Express last night.
     
  17. wayneo

    wayneo Active Member

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    Blade has right.....They want to know about a felony. 12 years ago a DUI that was deferred is/was a common misdemeanor.

    Don't offer any information. Don't admit to anything. A judge told me that. Make them do their do their due diligence on background checks.

    Wayne
     
  18. Setterman

    Setterman Well-Known Member

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    I interview people for our comapny and suncontractor approvals.

    If they lie or aren't open with their record...they're history!

    Be honest.
     
  19. 548

    548 Guest

    Just tell the truth. Tell them how the charge affected you and why it hasn't happened since. It is a life experience that can easily be turned into a positive after the time frame you speak of. Trying to hide it or manipulate definitions to suit your interpretations should just keep you in the soup line longer. Do the right thing and hold your head high.
     
  20. RWT

    RWT Well-Known Member

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    According to some of you guys on here, everyone would have to answer yes to that question.
     
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