soma

A little over a year ago, I got a DWI, but it was later dropped and reduced to a alcohol related careless driving. I still lost my license for 3 months, which is no different than when you get a DWI.

I'm currently seeking employment and am scared shitless that this strike on my record will cast me in a negative light. The application form I'm currently filling out has the following question: Have you ever been convicted of a crime? (This includes DWI/DUI convictions as well. A conviction will not necessarily disqualify you for the job for which you are applying.)

Because I had a DWI on my record, does that count as a conviction? I don't want to do anything unscrupulous at all, because I'm sure the recruiters will find out about it, but if I can legitimately leave this out, than I feel that I should.

Any tips or advice? I am assuming all of you are not legal professionals but if you have any personal knowledge about this sort of thing, I'd really appreciate it.

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The_Jazz

Tell the truth. If it is a conviction, it is a conviction. If you pled guilty, same thing.

Sorry that I can't give you any wiggle room here, but it seems pretty black-and-white to me.

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cj2112

What does your record show? Does it show "alcohol related careless driving", or does it show DWI? If it shows "alcohol related careless driving", then you need to know if "alcohol related careless driving" a crime, or an infraction. If it's a crime, you must list it, if it's an infraction, then you can say you haven't been convicted of a crime.

FuglyStick

In my younger days, I was considerably more...reckless...than I am today. As a result, my driving record (hell, my whole rap sheet) is not exactly pristine; I can probably rule out any ambitions I have for public office. I will say this--DUI laws are absolutely draconian. That's NOT to justify recklessness and irresponsibility; the penalties for DUI need to be harsh to curb that irresponsibility. The truth is, though, that driving under the influence has been demonized to such an extent that in the public eye it is on par with pedophilia as far as the stigma it carries with it. In fact, finding gainful employment can be harder if you don't have a valid driver's license than being a convicted pedophile; pedophiles may be required to register with the state, but they can still get themselves to and from a workplace.

That being said, your best bet is to admit to the conviction on your record. That is also part of the penalty for the mistake that you made in your past. Any employer that cannot separate the person that you are and the qualifications that you have from an unrelated mistake in your past is probably not someone you want to work for anyway.

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Baraka_Guru

Don't lie. If you get the job and they find out about it, this is grounds for termination: no contest.

Here's a tip: be proactive about it. Fill out the form truthfully and when (or if) you get an interview, be the one to bring it up. Heck, even do it at the beginning to show you are one to take responsibility and initiative.

If they interview you despite this, clearly they won't hold it against you, and this is especially the case if you own up to it on your own volition. When you discuss it, prove to them that you've learned from past mistakes and that you are working hard on being responsible day in and day out. Sell it to them with enthusiasm. Be genuine. Tell them what you've done since the incident to makes things right. This alone could set you apart as a leading candidate.

Everyone makes mistakes. Not everyone becomes a better person afterward.

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rahl

The truth is, though, that driving under the influence has been demonized to such an extent that in the public eye it is on par with pedophilia as far as the stigma it carries with it.


I don't think DUI's punishments are strict enough. In most states you can have multiple dui's and all you get is a suspended license plus a small fine. Maybe an alcohol awareness class.

Driving drunk, in my view, is tantamount to attempted manslaughter. Everytime you get behind the wheel drunk, you are endangering everyone else on the road around you.

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Martian

It's less a matter of ethics and more one of practicality.

It's been my experience that if that question is on the application, it's for liability reasons. If you're handling sensitive information, a criminal record can be a big problem. I don't know how things work where you are, but here upon hiring such places usually require a criminal record check.

If you lie about it on the application and you then have to submit a background check, you're going to find yourself back in the job market very quickly.

It's rare for me to disagree with Baraka_Guru, but this is one of those times. If you get an interview, I wouldn't bother to bring it up at all. If they choose to bring it up, you can explain the circumstances and (more importantly) how you've learned from the experience; on the other hand, if it's on your application and they still choose to interview you, odds are it's not a factor that effects their decision and there's no sense in belabouring the point.

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FuglyStick

Then we will agree to disagree. The truth is penalties for DUI are much, much stiffer than the slap on the wrist you assume. Again, the penalties should be stiff, but attempted manslaughter? Please.

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soma

I want to make one thing very clear: There are no DWI's on my driving record since it was reduced to an alcohol related careless driving. Technically there are no DWI's, but I don't want to skirt the issue. I made all of the decisions and actions that lead to my arrest and feel remorseful for every one of them.

Baraka_Guru and Martian, you both bring up excellent points. Martian, what do you think if I told you this. I was given the opportunity to interview with this particular company with my resume and a reference from a friend of a friend. So they have chosen to interview me already, but they don't know about my criminal history yet. I have to bring a filled out application form to my interview and one of the questions asks if I've ever been convicted of a crime. What would you advise in this circumstance?

I do agree with you Martian, but because they won't know about my criminal history until the day of the interview, maybe taking Baraka_Guru's advice to be very forthright about it would be the best thing to do?

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Baraka_Guru

If you ask me, if they're going to find out about it after they've agreed to interview you, I think it's best to bring it up before they do. This is assuming that you have, indeed, been convicted of a crime and they're going to find out about it during the interview process.

If they know ahead of time (i.e. they know and agreed to interview you anyway), it would be a different situation.

It's better you bring it up on your terms (and showing the qualities I outlined above) than to have them bring it up on theirs (and also there is the issue of their thinking you are trying to avoid or hide this aspect of your past).

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Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
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Martian

What you really need to do is find out how the careless driving is categorized. I don't have that information.

What I Would Do:

Explain the situation to the recruiter. Inform him/her that you made some mistakes in the past, and that the charge is reduced. Then ask the recruiter if the charge should be included on the application.

You can tell them about it, but I still wouldn't spend a lot of time on it or make a big issue of it. Unless driving a vehicle is part of your job, having a reckless driving charge on your record is a non-issue from a liability standpoint, so I don't see it as being a big deal.

The point is you don't want to hide it, but you don't want to make a mountain out of a molehill either.

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I wake up in the morning more tired than before I slept
I get through cryin' and I'm sadder than before I wept
I get through thinkin' now, and the thoughts have left my head
I get through speakin' and I can't remember, not a word that I said

- Ben Harper, Show Me A Little Shame

Xerxys

I'm not discounting the fact that this is true and good advice. I'm just saying it's bullshit. You need to eat. If that means whoring yourself for a ruthless corporate PIMP then so be it.

"alcohol related careless driving" is legalese for "We want him to admit but not to expend the time and effort in puttinghim away". So no, in your record, it's not a crime. Check a big "NO" in that box that asks for previous convictions.

soma

Xerxys, are you a legal professional or do you have some personal experience with this sort of thing?
I would like to believe your advice. I've spent the last hour or so looking through documents and on my court papers show:

DWI - Dismissed
Careless Driving - Convicted

Now, when I was arrested, is that only a charge for a DWI? Convictions only happen in the courts?

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Xerxys

^^ That kind of made me laugh because it appears they basically reworded DWI!

Appears being the key word here. You can basically say you got a ticket and are in the process of getting that expunged. My sis has had a DUI, btw ... but I am not a legal professional, just so you should know. It does, however, not qualify as a criminal background.

soma

I did some Googling and found out that careless driving is actually a misdemeanor in my state. I think what I'm going to do now is put the careless driving on my application and not mention my DWI charge (because I wasn't technically convicted).

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Toaster126

Why on Earth would you put something negative under crimes you've been convicted for when you weren't convicted of it? I'm so lost. Don't put the dwi anywhere on that.

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yournamehere

I agree. They can't ask about crimes for which you've been arrested - only convictions.
Remember "innocent until proven guilty?"

In fact, most applications only ask about felony convictions. Depends on the job, though.

You were convicted of reckless driving. Don't mention anything else.

In this economy, just the fact that you checked "yes" will likely get your application tossed - HR people need to cull the stack of resumes somehow, and that's as good a reason as any. Better to move on now than get caught in a lie later. If you do make it to an interview, it probably won't even come up.

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Punk.of.Ages

Man, we disagree on a lot of things, I've noticed, Xerx...
____________

You were convicted of careless driving, not a DWI. Check the box and if asked about it at the interview tell them what you were convicted of and not what you were charged with. That is all you are legally required to do.

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Xerxys

We should start a thread.

Punk.of.Ages

About how you are the yin to my yang?

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"Punk rock music is great music played by really bad, drunk musicians." -Fat Mike

spindles

that just sounds dirty!

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Cynthetiq

If they do a criminal background check the DWI may show up and you will have to explain it. IMO, I'd wait since it's not as important a discussion point UNLESS, you plead to something that was a felony instead of a misdemeanor. What I learned recently is that in most states DUI/DWI is a misdemeanor of the highest class, but reckless driving is considered a felony. Sometimes, people plead to reckless driving so that they don't get the insurance hit/penalty.

I have interviewed people where that information came up, and it was explained, and we continued with the interview. Eventually they were allowed into the company.

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yournamehere

Actually, Cyn, I believe in most states reckless driving is a less serious misdemeanor than a DWI - that's why people plead down to it.
There are, however, felony DWIs, such as repeat offenses, very high BACs, if children are in the vehicle, or if an accident involving injury resulted from it.

Of course, laws will vary from state to state.

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If you want to avoid 95% of internet spelling errors:
"If your ridiculous pants are too loose, you're definitely going to lose them. Tell your two loser friends over there that they're going to lose theirs, too."
It won't hurt your fashion sense, either.