Could I Still Get Hired If I Have Pending Charges?

Topic 28263 | Page 1

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Joaquin B.'s Comment
member avatar

Good morning guys, I have a class A cdl and was working for Werner. Unfortunately my wife and I had an argument which ended up with me going to jail and now I have pending charges for simple assault which more than likely will get dismissed or lowered; however I have been unable to find a company that will hire me while my case is still pending. Werner let me go because I violated company policy with that incident. Do any of you guys know of any companies that will hire me given my situation? Thank you for your time, and have a great one.

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.
G-Town's Comment
member avatar

Did you rough up your wife?

Joaquin B.'s Comment
member avatar

No, we had an argument and she called the police to calm the situation but they took me and she doesn't want to press charges but the prosecutor said it wasn't up to her. Nothing really happened it was just an argument.

Did you rough up your wife?

Old School's Comment
member avatar

Joaquin, that's a tough break. I believe your story, and have seen this kind of thing happen to others. I think it's highly unlikely that you can find employment as a driver until you get this resolved. The best course of action is hire a lawyer and see if they can help you expedite it through the system. Unfortunately, right now, the court system is way behind schedule.

Truckin Along With Kearse's Comment
member avatar

Im am more concerned with the "failure to comply with company policy" that is on your DAC. What polocy? did u take a load home before the argument? did the load noy ge delivered? or was it the arrest?

THAT can harm you.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

PJ's Comment
member avatar

I’m a bit skeptical here. I was in law enforcement 30 years. I do not know what state your in so this is a general comment.

Domestic violence is the charge. That said. An arguement is far different than one or the other having dome kind of marks on them. In most states LE has a duty to arrest no matter the victims request only when there is evidence who the primary aggressor was. An arguement and no evidence and an unwilling victim would not result in an arrest. Asking one to leave, yes but not an arrest.

That said. While you have any charges pending noone will hire you.

G-Town's Comment
member avatar

I was hoping PJ would comment on this... thank you!

Joaquin B.'s Comment
member avatar

No, I didn't take a load home. When that happened I was home on my 34 hour reset, the problem happened when I was home, not when I was working. I was off duty. An assault goes against werner's no violence policy.

Im am more concerned with the "failure to comply with company policy" that is on your DAC. What polocy? did u take a load home before the argument? did the load noy ge delivered? or was it the arrest?

THAT can harm you.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

G-Town's Comment
member avatar

Bumping this...

I’m a bit skeptical here. I was in law enforcement 30 years. I do not know what state your in so this is a general comment.

Domestic violence is the charge. That said. An arguement is far different than one or the other having dome kind of marks on them. In most states LE has a duty to arrest no matter the victims request only when there is evidence who the primary aggressor was. An arguement and no evidence and an unwilling victim would not result in an arrest. Asking one to leave, yes but not an arrest.

That said. While you have any charges pending noone will hire you.

Joaquin B.'s Comment
member avatar

I reside in Texas. When the cop took me to the car he had to make a call to the county to ask whether to leave me home or take me and he was instructed to take me and get me processed. That day I was going to see a judge within a few hours because it's a simple case; however they found out I had worked outside of Texas that week so they immediately quarantined me. I had to wait in jail for a court date. When my court date finally came I was released the next day because of the simplicity of the case. I got a PR bond, but now that I am free no one will hire me because my case is pending, which is why I really need help.

I’m a bit skeptical here. I was in law enforcement 30 years. I do not know what state your in so this is a general comment.

Domestic violence is the charge. That said. An arguement is far different than one or the other having dome kind of marks on them. In most states LE has a duty to arrest no matter the victims request only when there is evidence who the primary aggressor was. An arguement and no evidence and an unwilling victim would not result in an arrest. Asking one to leave, yes but not an arrest.

That said. While you have any charges pending noone will hire you.

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