Expunged Records - Should I Report This?

Topic 23834 | Page 2

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Old School'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.

David, I'm not sure he was ever convicted of anything according to what he shared with us. He was charged and the charges were eventually dismissed after a lengthy process. That is why he needs to explain it all just as he did to us. He's going to get rejected by some companies and it would be a futile battle to attempt to prove discrimination against them. Our advice to explain himself fully is good solid time tested advice in this industry. He will be able to find employment, and once he has established himself as a reliable professional many of those who wouldn't accept him at first will be glad to take him once he's proven himself.

The problem with this kind of situation is that you can find those records of arrests, court records, and why they were arrested. If I'm understanding him correctly, that is his concern. This is a situation that requires some careful tact and good communication with supporting documents. It's not the kind of thing you want to lawyer up with and claim discrimination. If he wants a job, that's a hard way to get one.

HOS:

Hours Of Service

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

Maybe, but trucking involves character and credibility tests. Say you testify in court in a case. That expunged item would probably not be asmissible in court. However, make a character reference statement such as "i would never drive drunk" now you just opened the door on record as a character and credibility issue. By filling out that application you are accepting all character and background tests. One guy had an expunged DUI , when asked about it, he threw a chair across the room. he was sent home for the outburst, not the record.

Trucking is a profession where you must surrender certain rights. I give up the right to drink alcohol or smoke pot in a legalized state. I submit to random testing as often as they want.

As a postal worker, i gave up all rights to privacy when working in a building with catwalks, one way viewing glass, and directional microphones. we were always watched.

its a matter of personal decision. if someone doesnt like the process they should stay out of trucking, postal work etc.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

DUI:

Driving Under the Influence

Mujaahida 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.

Look having only one mistake in my whole life and than being wrong about that..... The best advice is discuss it out with the recruiter, usually they will tell you the company's policy on expungement and the need to report or not. State laws differ greatly what is done in California would never happen in Alabama. So simply ask the recruiter and go from there.

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.

Phillip H.'s Comment
member avatar

Thanks for all the insight. I've received various reply s, you can read them here. I even talked with the firm who will perform my background check. Of course I did not share my name. I was told that if the record indeed was expundge, as long it is no longer on judicial case sites at the court house records, no it will not be of any interest pertaining to the report. In other words the only information that will be collected and reported, is the info supplied by the court themselves. I talked to recruiter, basically said, if the records expundge, don't mention them. However, I'll carry docs with me, just to be prepared. Thanks everyone.

double-quotes-start.png

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.

double-quotes-end.png

Look having only one mistake in my whole life and than being wrong about that..... The best advice is discuss it out with the recruiter, usually they will tell you the company's policy on expungement and the need to report or not. State laws differ greatly what is done in California would never happen in Alabama. So simply ask the recruiter and go from there.

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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