Expunged Records - Should I Report This?

Topic 23834 | Page 1

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Phillip H.'s Comment
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I would like to apply for paid CDL training. Have great history in all respects. Work, do not drink, perfect 38 year drive record. Have already have CDL learner's permit in hand with endorsement ( Hazmat) Medical Card. Several years past, I was charged with felony child, abuse and endangerment. It was proven, the charges where made up and the mother encouraged the child to lie. ( Family issues) The charges where dismissed, and all records expunged. I've checked, through the courts. They are gone. Praise the Lord! You have no idea, how hard it is to prove Innocents when a child is envoled. No such thing as innocent until proven! I could very easily been jailed for 15 years!. Thankfully, with the help and blessing of God Almighty, and a great attorney, and a child advocacy. The truth came out, but not before I lost my, home and car, and was $25,000 in debt to my attorney.Sorry to take so long to get to the point. With the background investigation, though these charges have been dismissed and the records expunged, I know they are, however, when I look at some background commercial sites, they still show. Will this matter, should I make the information available during the interview? I'm sure you can see why I'm reluctant. So, should I proceed or don't waste everyone's time and expense. Thanks

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

Old School's Comment
member avatar

You should explain what happened just like you did here. Trust me... the trucking companies will find your expunged records. I was an employer for many years. If I was willing to pay for it, I could uncover just about anything I needed. They are willing to pay for thorough background checks. The cost is minimal compared to a jury's judgement, should you cause them to get sued.

Not everyone will take you, but that's not career ending. Some of them will be glad to have you. Apply everywhere, but first try the Paid CDL Training Programs.

You can Apply For Paid CDL Training at that link and have your application sent to as many of them as you like.

CFI, is not in that list, but you should try them also. They hired Big Scott, and he's a bad dude! smile.gif

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Big Scott (CFI's biggest 's Comment
member avatar

That's right I'm a total jerk. CFI is my second family. I'm very happy with them. As of today, I am a finisher with them. This is a way I can give back. As for your past, like Old School said, be honest and you shouldn't have any problems.

Big T's Comment
member avatar

Legally you do not have to tell them. That is the whole point of expungement.

That being said. If someone can Google your name and anything shows up, news story etc, then it is probably a good idea to disclose it. You will have the chance to explain.

I would keep a copy of the judgement as well.

Phillip H.'s Comment
member avatar

Thanks for advice. I've contacted perspectives employer. Explained, about expunged records. Was told no As long as I had papers, shouldn't be a problem, but of course it be management call. I know it's gone off court records, but I found it in self background check site. Really unfair. Still paying for something that never happened. I contacted, said sit, they say they to will remove, if I send them a copy of expunged also. However, I found out, there are over 100 such sites. An impossible task Thanks again for listening.

Truckin Along With Kearse's Comment
member avatar

Ive said this a few times over the years, my schizophrenic sister and i were in court for 4 years before she died, all restraining orders she violated and me trying to get her hospitalized.

one day while i was at work, she called 911 saying i chased her down the street with 3 guns. the cops searched my house and my moms place and no guns. when we went to court, she attacked me and they arrested her.

unbeknownst to me, NJ automatically lists a gun search warrant execution as an arrest!!! was never mirandized, cuffed, or even signed anything. Prime found this, and although they only asked for convictions, they acted like i was hiding it. i had no idea what they were talking about cause my sister had been dead almost 5 years at that point and i never had been in court other than her. Plus, we had been to court soooo many times i did t know which time they mean until they mentioned the warrant.

so yeah, they will find it.

and if you think they wont hold an expunged DUI that you admit against you, they will for not revealing it. ive seen people sent home for faikure to disclose.

just be honest and prove it and youll be good

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

DUI:

Driving Under the Influence

Jrod's Comment
member avatar

There are actually about 500 of those sites, And about 250 of them are run by the same person who will charge you $50 - $500 per site to remove them. Its a scam, and unfortunately, it appears to be totally legal. (I read a whole thing about this - its was terrifying/heartbreaking to see what these people do to folks who have been falsely accused or cleared of a crime.)

Thanks for advice. I've contacted perspectives employer. Explained, about expunged records. Was told no As long as I had papers, shouldn't be a problem, but of course it be management call. I know it's gone off court records, but I found it in self background check site. Really unfair. Still paying for something that never happened. I contacted, said sit, they say they to will remove, if I send them a copy of expunged also. However, I found out, there are over 100 such sites. An impossible task Thanks again for listening.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
David D.'s Comment
member avatar

Just a little perspective on this question. It is illegal to hold your conviction against you if your record has been expunged, due to the fact that for legal purposes the event never happened. If they do in fact hold that against you, do you really want to work for them? What will they expect of you down the line?

Also the EEOC (Equal Employment Opportunity Commission) has determined that companies that report criminal convictions are "Consumer Reporting Agencies" just as credit bureaus are. If that is the case the under the FCRA (Fair Credit Reporting Act) if you can supply them with data that refutes their information the derogatory information must be removed. Now how well this works for criminal convictions, I don't know. I do know that it works fairly well for credit issues. I'm also pretty sure that any potential employer has to provide you with the name and address whatever Consumer Reporting Agency they used and give you a copy of the report if you ask for it. It might be worth checking out. I think the EEOC probably has a toll free number you can call.

I couldn't get the link to work but if you search for EEOC Enforcement Guidance 915.002 you should find it. If you get the PDF look on page 7. Who knows, maybe you can be the test case. Good luck.

Truckin Along With Kearse's Comment
member avatar

You missed the point...it is the failure to disclose aka lying they hold against you, not the crime itself. they need to trust you.

David D.'s Comment
member avatar

If you follow that logic what good is the expungement? Since legally the event never happened you have no duty to disclose. Now is that the practical answer, no, it's the legal answer. It just torques me off that employers expect you to obey each and every one of their rules yet they make an end run around employment law. What's good for the goose should be good for the gander, but that's not the real world. The OP will have to make his own decision, I was just trying to provide food for thought.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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