Question Of Deferred Prosecution More Than 10 Years Old

Topic 17557 | Page 2

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Rick S.'s Comment
member avatar

Scenario #2: Non-convictions over seven years The consumer has a non-conviction that is over seven years from the disposition date. Under the FCRA, the record cannot be included on the background report.

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I think that is the best approach. If they want to know more about it they can ask you. Chances are, due to the age of the offense, you may never hear another thing about it.

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Issue is - that most databases don't purge old info. And the NCIC (if a pull is made from that) NEVER GETS PURGED. I have a 10-over speeding from like 2000, that, for some reason, comes up under criminal database searches. I've tried to get it corrected multiple times, and it just keeps showing up.

I'm on the other side of OS in my opinion of this.

1 - Disclose ONLY WHAT IS ASKED FOR - if they ask for CONVICTIONS, and you don't have any - nothing to disclose.

2- Be PREPARED TO DEFEND anything that might come up anyways. "Sorry, the app asked for CONVICTIONS - and I have none. Here is the disposition from the court showing that."

When I did my "bad thing" - it was a delivery of cocaine. 1989, first offense, pled down to possession - 18 months probation, adjudication withheld, dismissal after completion of probation. And I violated 2X and turned myself in (both technicals - got reinstated). My NCIC shows THREE DELIVERY OF COCAINE ARRESTS in 1989 (the original, and the two violations that I got fingerprinted on), because the re-arrests for VOP always show the original charge.

This DOES NOT SHOW on backgrounds that I pull - and I have access via my law office clients to some pretty deep stuff. It DOES SHOW on a LEO pull (DHS/Customs/etc.).

Rick

OWI:

Operating While Intoxicated

Sam the Wrestler's Comment
member avatar

In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

No offense Rainy, but I've seen you post something similar to this many times. This isn't really the truth. I know someone who heard the head of security say what you say he says, and go tell him about an expungement, as you don't want him to find it. That person was told to go home, and they were on their own to do so. Many ppl think an expungement as the state says it is, as that offense being erased. So they arent trying to be sneaky, but Prime will tell them to leave. That is the truth.

Brian E.'s Comment
member avatar

So I disclosed everything to the recruiter on the app. He says should not be a problem. Because everything is more than 15 years ago

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In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

double-quotes-end.png

No offense Rainy, but I've seen you post something similar to this many times. This isn't really the truth. I know someone who heard the head of security say what you say he says, and go tell him about an expungement, as you don't want him to find it. That person was told to go home, and they were on their own to do so. Many ppl think an expungement as the state says it is, as that offense being erased. So they arent trying to be sneaky, but Prime will tell them to leave. That is the truth.

Truckin Along With Kearse's Comment
member avatar

double-quotes-start.png

In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

double-quotes-end.png

No offense Rainy, but I've seen you post something similar to this many times. This isn't really the truth. I know someone who heard the head of security say what you say he says, and go tell him about an expungement, as you don't want him to find it. That person was told to go home, and they were on their own to do so. Many ppl think an expungement as the state says it is, as that offense being erased. So they arent trying to be sneaky, but Prime will tell them to leave. That is the truth.

I'm not offended. I think they take things on a case by case basis. One guy was asked about a DUI and he flipped out saying he paid $1500 to get it expunged, threw a chair across the room and yelled. He got sent home. Another guy was asked about a DUI like 7 years ago and they kept him. Did the guy forget the DUI or did the paper ask for the last five years? Idk. I never had any tickets accidents or convictions so I wasn't paying attention to time frames.

But you did just admitted that we were told to disclose to the head of security. They make the judgment. I can only state what we were told and what in have seen. I have seen some guys with expungement stay and some leave. Does the charge and the length of time since make a difference? I'm sure it does. Does the persons reaction make a difference? Probably.

I saw more people sent home for omitting information than admitting to it. And honestly some of the stuff people admitted to kinda scared me lol

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DUI:

Driving Under the Influence

Brian E.'s Comment
member avatar

So since I admitted up front do you think I am OK?

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In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

double-quotes-end.png

double-quotes-end.png

No offense Rainy, but I've seen you post something similar to this many times. This isn't really the truth. I know someone who heard the head of security say what you say he says, and go tell him about an expungement, as you don't want him to find it. That person was told to go home, and they were on their own to do so. Many ppl think an expungement as the state says it is, as that offense being erased. So they arent trying to be sneaky, but Prime will tell them to leave. That is the truth.

double-quotes-end.png

I'm not offended. I think they take things on a case by case basis. One guy was asked about a DUI and he flipped out saying he paid $1500 to get it expunged, threw a chair across the room and yelled. He got sent home. Another guy was asked about a DUI like 7 years ago and they kept him. Did the guy forget the DUI or did the paper ask for the last five years? Idk. I never had any tickets accidents or convictions so I wasn't paying attention to time frames.

But you did just admitted that we were told to disclose to the head of security. They make the judgment. I can only state what we were told and what in have seen. I have seen some guys with expungement stay and some leave. Does the charge and the length of time since make a difference? I'm sure it does. Does the persons reaction make a difference? Probably.

I saw more people sent home for omitting information than admitting to it. And honestly some of the stuff people admitted to kinda scared me lol

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DUI:

Driving Under the Influence

Brian E.'s Comment
member avatar

So I disclosed everything before orientation. Am I OK?

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

double-quotes-end.png

double-quotes-end.png

No offense Rainy, but I've seen you post something similar to this many times. This isn't really the truth. I know someone who heard the head of security say what you say he says, and go tell him about an expungement, as you don't want him to find it. That person was told to go home, and they were on their own to do so. Many ppl think an expungement as the state says it is, as that offense being erased. So they arent trying to be sneaky, but Prime will tell them to leave. That is the truth.

double-quotes-end.png

I'm not offended. I think they take things on a case by case basis. One guy was asked about a DUI and he flipped out saying he paid $1500 to get it expunged, threw a chair across the room and yelled. He got sent home. Another guy was asked about a DUI like 7 years ago and they kept him. Did the guy forget the DUI or did the paper ask for the last five years? Idk. I never had any tickets accidents or convictions so I wasn't paying attention to time frames.

But you did just admitted that we were told to disclose to the head of security. They make the judgment. I can only state what we were told and what in have seen. I have seen some guys with expungement stay and some leave. Does the charge and the length of time since make a difference? I'm sure it does. Does the persons reaction make a difference? Probably.

I saw more people sent home for omitting information than admitting to it. And honestly some of the stuff people admitted to kinda scared me lol

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DUI:

Driving Under the Influence

Turtle's Comment
member avatar

I'll go a little further with this, if I may. I agree to all sides mentioned above. But the deciding factor may not even be the offense at all.

The company may take the WHOLE picture in perspective. For example :

John has a felony from 1990. He then had a sketchy work history or was "self employed" for 5 yrs with no proof. The rest of the time he had 7 different jobs. John gets denied by Prime, although he fully disclosed everything.

Bill has 3 felonies from the same arrest in 1990. Perhaps he has another minor arrest for a bar fight or something. His license may have once been suspended, then reinstated. But he has a stellar work history from then to date, working for the same company for over 20 yrs. He also discloses everything. Although Bill has a worse criminal record, he gets hired because in the big picture, he shows greater promise.

These are crude examples, admittedly. But as a former business owner, I would always look at the big picture when it came to hiring my employees.

Do I make any sense? Lol

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Turtle's Comment
member avatar

So yeah Brian, as long as that B&E is the worse skeleton in your closet, I'd say you'll have no problem whatsoever.

My "bad boy" time was longer ago. 1988 in fact, but was far worse. CONVICTED of 2 felonies and a misdemeanor. Had license issues for awhile back then (fines, suspensions). But my work ethic was SOLID from then on, and I stayed out of trouble. I disclosed everything ASKED (as Rick said earlier). Prime welcomed me with open arms.

Brian E.'s Comment
member avatar

I have always had a great work ethic. My company I am leaving for this is sad to see me go.

So yeah Brian, as long as that B&E is the worse skeleton in your closet, I'd say you'll have no problem whatsoever.

My "bad boy" time was longer ago. 1988 in fact, but was far worse. CONVICTED of 2 felonies and a misdemeanor. Had license issues for awhile back then (fines, suspensions). But my work ethic was SOLID from then on, and I stayed out of trouble. I disclosed everything ASKED (as Rick said earlier). Prime welcomed me with open arms.

Tractor Man's Comment
member avatar
My "bad boy" time was longer ago. 1988 in fact, but was far worse.

I'm really surprised I lived through some of my Idiocy in my youth. Fortunately, my Criminal Record is clean, I just never got CAUGHT!

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