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kfbkeene · Jan 29, 2009, 02:54 PM

I was arrested for a dui in North Carolina in May 2008. The stop was unlawful I was stopped (in the officers own worfds booth to me and my attorney) because "I was a white guy, in a shiny yellow pickup, with out of state plates, and nicely dressed in a black neighborhood known for crime and drugs" I was turning around in a driveway as I took a wrong exit off the highway and was going to get back on the hichway to take the right exit. I broke no traffic laws (the policeman admitted this to my attorney) She put together a motion to suppress all evidence and to dismiss the case

So today I go to court it turns out the officer is on admistrative leave as he is being investigated for charges of rape. (unreaal huh) so he was not at the court room - My attorney wanted the whole thing dismoissed the DA wanted a continuance. The judge granted a four week continuance (This is the fourth continuance that the state has asked for). I think it should have been dismissed todsy as the officer was a no show and he is on suspension and cannot even testify. So in four weeks it should be all cleared up my attorney says I have the best dui defense ever and now the officer is under investigation.

The charge is still penduing however.

Now the question I am going through a background check for a new job. The pending chrge will show up. My lawyer is going to write the company a letter explaining the circumstances described above and that the case will be dismissed on 2/26/09. Do you think my new employer will look upon thois badly and nott hire me - I will be honest with them and will also have a letter from my attorney. Will I have to wait until 2/26/09 when it ids dismissed to be hired or do you think they flat out won't hire me due to the charge of DUI even though it will be dismissed - I just want to move past this thing and the court is holding up the process - they got a contiuance today to give the officer a chance to defend himself I think - regardless if I hadn't shown up for court they would have issued an arrest warrant for me but the officer they get a continuance for - I think the whole thing stinks
Thanks and sorry for the rambling

stevetcg · Jan 29, 2009, 03:13 PM

I think they won't hire you because you are pending serious court issues and the last thing a company wants is to have their employees preoccupied with court proceedings.

The fact that you may get off on a technicality does not really factor into the fact that you were arrested for DUI and presumably blew over the legal limit. In my mind - and probably in the mind of a hiring manager - is that you are guilty of DUI. The court process is irrelavent in the court of public opinion.

As someone that has hired hundreds of people in my career, if I got a letter from a lawyer trying to tell me why my prospective employee wasn't a felon, that resume would suddenly get lost forever.

kfbkeene · Jan 29, 2009, 03:19 PM

Its not a felony - I guess the way I look at it is this mistakes are made - the fact that I was arrested is definetely there but the fact that the case will be dismissed means that the state cannot prove my guilt - Geez George Bush had a dui a long time ago, Ted Kennedy actually killed someone in a drunken car accident - I feel that explaining what happened and being up front about it should hold some water - I have already intervioewed with the company have an offer letter in hand the final stage is the background check - It makes me sad that a mistake (when I never should have been pulled over in the first place) could so adversely impact my career.

stevetcg · Jan 29, 2009, 03:27 PM

Ok - but I am a hiring manager and I didn't realize it wasn't a felony (and it is in some places). Again... it's the court of public opinion.

Answer me this (or dont)... regardless of the fact that you should never have been pulled over... were you driving drunk (or above the legal limit)?

Yes, a mistake can affect the rest of your life. Or someone else's. I am sorry that you may learn this lesson the hard way... but at least someone didn't have to die for you to learn it.

kfbkeene · Jan 29, 2009, 03:36 PM

I had about 5 beers while washing and waxing my truck - I took it out on the highway to dry it off - and took a wrong turn - so yes I had a few beers but was not drunk - The officer first tried to accuse me of being there to buy drugs, then he said well you're here to get a prostitute then neither of which were true - He then said he smeeled beer on my breath - He never did tell me whaat the breathalyzer reading was - so If the case is dismissed that means that all evidence is not admissible - the court record will merely say dismissed i.e. not guilty - won't the hiring manager see that and say hm he was proven no guilty? You can be accused of any number of things but they have to prove that you are guilty - so how or why would a hiring manager essentially say I am guilty and not hire me when the court has dismissed the case?

stevetcg · Jan 29, 2009, 03:43 PM

Originally Posted by kfbkeene

I had about 5 beers while washing and waxing my truck - I took it out on the highway to dry it off - and took a wrong turn - so yes I had a few beers but was not drunk - The officer first tried to accuse me of being there to buy drugs, then he said well your here to get a prostitute then neither of which were true - He then said he smeeled beer on my breath - He nver did tell me whaat the breathalyzer reading was - so If the case is dismissed that means that all evidence is not admissable - the court record will merely say dismissed i.e. not guilty - won't the hiring manager see that and say hm he was proven no guilty? You can be accused of any number of things but they have to prove that you are guilty - so how or why would a hiring manager essentially say I am guilty and not hire me when the court has dismissed the case?

That's the thing though... you don't HAVE to be guilty to be judged by someone that isn't a court. What if that hiring manager had a family member killed by a drunk driver. Do you think he cares one bit that you were not found guilty? People are irrational.

Listen... I'm not bashing you. I hope you learned a good lesson here and I hope you get your job. I am not a judge and as long as you didn't hurt someone, I don't care if you were drunk, buying drugs and snorting them off a truck full of hookers. What you do is your business as long as it doesn't hurt others.

I am just trying to help you understand that your innocence is merely a matter of perspective and they don't NEED a reason to not hire you.

kfbkeene · Jan 29, 2009, 04:02 PM

I know your not bashing me and I appreciate your input - I am a professional structural engineer and believe me I have done enough "self bashing" to last a life time over this - I am thankful nooone was hurt alsoI have no business putting anyone in danger - But the truth is I wasn't "drunk" I crossed no lines or swerved or any of it I was stopped in a driveway backed out wenyt down the street with him following me stopped at the stop sign put on my directional made the turn geez I even had my seat belt on me - He didn't stop me for bad driving he stopped me because I was white in a black neighborhood - He even told my attorney that - we as citizens have rules to abide by so do police they cannot just pull someone over without cause and certainly not for racial profiling which this was a case of - now the same officer is accused of rape and is under suspension - so who's character looks bad here? First he pulls over a guy because he's white and months later is accused of raping a young girl - I pulled up the news article on him apparently he told this girl that he would not arrest her if she met him after work - he then supposedly raped her - Me I was just in the wrong place at the wrong time - He even told me that had I not been in that part of town and been white he never would have pulled me over - I am going to explain all this to the employer because to me it shows a "BAD COP" - DUI's are as common today as speeding tickets or parking tickets for that matter yes its horrible and yes I feel horrible that I was in a situation wherby doubt or suspicion of guilt can be raised trust me I am against drunk driving - I just don't think my career should be ended because of this we shall see what comes of this but again I have lost sleep for months over it - never mind the money it cost me for attorney, lost wages going to court 4 times only to have it continued, etc. I honestly feel violated here and Theat has to count for something especially if it is dismissed - I understand your points and again thanks

stevetcg · Jan 29, 2009, 04:08 PM

Hope for the best, but expect the worst. It probably won't matter to the hiring manager. If you are qualified for the job, *most* people will consider that more than anything. But to be brutally honest... it's a buyers market for jobs these days and if there was another candidate just as qualified, this may be a deciding factor.

But at the end of the day, its out of your hands. Have a nice dinner and don't stress it. There is nothing you can do to change it and what happens happens. Don't stress it friend... it'll only make you drink more.

And I say that from experience. :)

excon · Jan 30, 2009, 05:32 AM

Hello k:

I read through the whole post...

I don't think you're prospective employer will see anything about your present problems on a background check... Therefore, it's moot.

excon

kfbkeene · Jan 30, 2009, 10:32 AM

Thanks e4xcon - I think I should be hearing from the background check next week - I already have the job offer in writing - it is just waiting on the background check to be finalized - I'll keep you guys posted as maybe it could help someone else someday

Fr_Chuck · Jan 30, 2009, 10:37 AM

Yes, if they run a standard police background check, it only shows convictions, not arrests, so it should not show up.

kfbkeene · Jan 31, 2009, 09:43 AM

Hey excon I saw you with the "koolaid" at least I think I did so therefore your guilty

Steve and excon and Father have a great weekend and go Steelers

Keith

kfbkeene · Feb 6, 2009, 07:37 AM

Still no word on the background check - I emailed the company and the re[plied saying that they haven't heard yet and that the check is still pending - I think that they have found out about the pending charge and are deciding whether to hire me - so I sit waiting - I hate waiting - I have a feeling that I won't get the job

Paper Chaser · Feb 15, 2009, 12:05 PM

I will give you an honest and vivid answer based on my own personal experience. I received a misdemeanor DUI in Arizona in 2007. I served 1 day in jail, took drug abuse courses and paid $1600 in fines. This was my first and last DUI (trust me). Within the past 4 months I received 2 great job offers and lost them both because of this DUI conviction on my background check.

I suggest that you request for a "Motion to Set Aside Judgment" or an Expungement Order from the convicting judge. This may require you to meet with the judge (face 2 face) and explain your situation. The courts are not looking to ruin your life but make you understand the errors of your actions.

Based on the previous responses, I am very glad these people are not attorneys or judges. Their interpretation of "crime and punishment" is a life sentence. As long as this is your first conviction, no one was injured and you acknowledge your mistake to the court, you will recover quickly and be back on top. YOU CANNOT LET THIS HAPPEN AGAIN!!

The courts will crucify you if you are a repeat offender.

stevetcg · Feb 15, 2009, 12:15 PM

Originally Posted by Paper Chaser

I will give you an honest and vivid answer based on my own personal experience. I received a misdemeanor DUI in Arizona in 2007. I served 1 day in jail, took drug abuse courses and paid $1600 in fines. This was my first and last DUI (trust me). Within the past 4 months I received 2 great job offers and lost them both because of this DUI conviction on my background check.

I suggest that you request for a "Motion to Set Aside Judgment" or an Expungement Order from the convicting judge. This may require you to meet with the judge (face 2 face) and explain your situation. The courts are not looking to ruin your life but make you understand the errors of your actions.

Based on the the previous responses, I am very glad these people are not attorneys or judges. Their interpretation of "crime and punishment" is a life sentence. As long as this is your first conviction, no one was injured and you acknowledge your mistake to the court, you will recover quickly and be back on top. YOU CANNOT LET THIS HAPPEN AGAIN!!!!!!

The courts will crucify you if you are a repeat offender.

I agree - but a Human Resource office is not a court and the rules do not apply there. Sorry that you lost your jobs, but the simple fact of the matter is that companies can hire who they choose for whatever reason. If there is an equally qualified candidate that Hasn't made a mistake, they will likely go that way instead. Sucks for you... but that's the way the world works.

I am neither a judge nor lawyer. Im worse... I interview people that want a job. My opinion counts MORE than a judge. A judge has to follow the law.

I am not saying that the OP should be punished... just that what I think and what someone interviewing or reviewing his background check has his own opinion on the matter and that is the only one that counts.

ScottGem · Feb 15, 2009, 12:22 PM

Originally Posted by Paper Chaser

I suggest that you request for a "Motion to Set Aside Judgment" or an Expungement Order from the convicting judge. This may require you to meet with the judge (face 2 face) and explain your situation. The courts are not looking to ruin your life but make you understand the errors of your actions.

Based on the the previous responses, I am very glad these people are not attorneys or judges. Their interpretation of "crime and punishment" is a life sentence. As long as this is your first conviction, no one was injured and you acknowledge your mistake to the court, you will recover quickly and be back on top. YOU CANNOT LET THIS HAPPEN AGAIN!!!!!!

The courts will crucify you if you are a repeat offender.

Seems you didn't really read the previous responses. A motion to set aside or an expungement applies to a conviction. According to the OP, the charges are pending and will likely be dismissed due to the officer's misconduct.

Nor do I see a anyone saying anything about a life sentence.

Paper Chaser · Feb 15, 2009, 12:45 PM

On the contrary, ScottGem. You may request for a set aside prior to any decisions made by the court in lieu of the outcome (the courts do allow such action). It is obviously a moot point being that there is no conviction (it would not show up on a background check), I am merely preparing the requester in case the case takes a turn for the worst. Many of the previous respondants were not correct in their replies and I simply wanted to shed some light on the subject... no harm.

As for Stevetcg, I understand the concept of the HR angle but if you are not aware of a problem in the background check then there isn't a problem hiring that individual. I made my mistake and dare to repeat it, but should not be persecuted for more than my punishment allows. If I am the best candidate for the job and given an offer, I would expect to retain that position. Obviously, some companies will allow personal judgment to supersede merit. Would anyone admit to having perfect judgment?

stevetcg · Feb 15, 2009, 12:58 PM

Originally Posted by Paper Chaser

On the contrary, ScottGem. You may request for a set aside prior to any decisions made by the court in lieu of the outcome (the courts do allow such action). It is obviously a moot point being that there is no conviction (it would not show up on a background check), I am merely preparing the requester in case the case takes a turn for the worst. Many of the previous respondants were not correct in their replies and I simply wanted to shed some light on the subject....no harm.

As for Stevetcg, I understand the concept of the HR angle but if you are not aware of a problem in the background check then there isn't a problem hiring that individual. I made my mistake and dare to repeat it, but should not be persecuted for more than my punishment allows. If I am the best candidate for the job and given an offer, I would expect to retain that position. Obviously, some companies will allow personal judgment to supersede merit. Would anyone admit to having perfect judgment?

I hear what you are saying... yeah - you should not be punished for more than your crime... and the Patriots should win every game ever. But that's just not how it works in the real world.

I never claimed to have perfect judgment. I have a record too. I am not trying to say it is right or wrong... just that it is.

Paper Chaser · Feb 15, 2009, 01:13 PM

I value and appreciate your comments. You are correct, the real world does work in an orthodox manner but its all we have for now. Thanks for the dialogue... Go Patriots!!

ScottGem · Feb 15, 2009, 01:19 PM

Originally Posted by Paper Chaser

On the contrary, ScottGem. You may request for a set aside prior to any decisions made by the court in lieu of the outcome (the courts do allow such action).

Can you show me any cites for this? It makes no sense to ask to set aside or expunge something that hasn't been done yet. The OP has an attorney and a motion for dismisal is in place. If you want to remove charges, you ask for a dismissal.