Background Checks And Dismissed Charges

I am thinking about getting into a CDL training program I am leaning mostly towards TMC Transportation I am a bit concerned about my past record I have a fairly clean MVR with a 1 seat belt violation and a ticket from 4 years ago for driving on a closed Road I am worried about 4 years ago I was charged with fleeing the scene of an accident in my personal vehicle the charges were dismissed not deferred and I never had to pay a ticket because there was no reportable accident they just dropped the charges I'm just afraid of this showing up on a background check I don't know if it would make any difference to an employer I could possibly have it expunged if that would be better I'm not sure if somebody could please let me know if that's something that I should be worried about and if I should what should I do about it thank you

Hey Christian, welcome to our forum!

Unless there's more to this than you are telling us, you don't have a problem. If the charges were dropped then there are no charges on your record. The background check may show an arrest if there was one, but that can be explained just like you did in this post. Any application you fill out is going to ask about your background. You are responsible for giving them the information so they can confirm it with a background check. All you need to do is explain it just like you did to us. You tell them you got charged with leaving the scene of an accident, but the charges were dropped because there really was no "reportable accident."

That should clear it up, but I will tell you it sounds suspicious. I would be prepared to give a more detailed explanation if someone asks. They probably will.

Just be honest on your application. Tell them everything you know, and don't dare try to conceal something. They will do a thorough check and they will find what they need to catch you in a lie. Be honest and upfront. If it is as you say, then you should have no problem. I can't guarantee TMC will take you, but someone certainly will.

Thank you for replying. It's pretty simple I used to work out of state for a few weeks at a time. My cousin and I work ed together. We would get back to town usually i. The early hours. I dropped him of at his house and heading to mine. I'll admit I was pretty tired I probably should have stayed at his house but i didn't want to disappoint my girlfriend at the time. We get some pretty bad flooding certain times of the year and I let myself hydroplane into a flooded ditch I didn't hit anything and it was completely off the road but the water was waste deep and there was no getting my car out without a winch I had to walk back to my cousins about a half hour walk back down the road. My phone was ruined. The next day I called my friend who has a wrecker with a winch but my car was already gone. An officer reported it and had it pulled to the tow companies yard. It was explained to me in court the officer had to because it was in water and needed to make sure no one was under the water stuck or dead under it. Again thank you and expunging it is an option if you think it would be necessary, but there was no arrest and it doesn't show up on my MVR.

Hey Christian, welcome to our forum!

Unless there's more to this than you are telling us, you don't have a problem. If the charges were dropped then there are no charges on your record. The background check may show an arrest if there was one, but that can be explained just like you did in this post. Any application you fill out is going to ask about your background. You are responsible for giving them the information so they can confirm it with a background check. All you need to do is explain it just like you did to us. You tell them you got charged with leaving the scene of an accident, but the charges were dropped because there really was no "reportable accident."

That should clear it up, but I will tell you it sounds suspicious. I would be prepared to give a more detailed explanation if someone asks. They probably will.

Just be honest on your application. Tell them everything you know, and don't dare try to conceal something. They will do a thorough check and they will find what they need to catch you in a lie. Be honest and upfront. If it is as you say, then you should have no problem. I can't guarantee TMC will take you, but someone certainly will.

Don't waste your money on expunging something that doesn't even exist as a conviction.

Expungements mean little to nothing in trucking. These companies spend big money on background checks. They find expunged charges all the time. I can't even begin to tell you how many people I have seen sent home for not telling about charges they had expunged. The background check finds it and then they go home. Just tell them everything. Let them confirm that you are honest in their background check. They like people to be honest with them. When a man is honest about his faults, you feel you can trust him with a two hundred thousand dollar piece of equipment. When he starts trying to hide things, that raises all kinds of red flags.

Thank you for your input I feel more confident about the situation. I've been told the same thing from other sources. I'm just nervous about committing to something that could turn into an uphill battle. Again thank you very much I'm glad I got signed up here.

To follow up and add a little to OS's reply, most companies, when asking about criminal backgrounds, will ask the question in a certain way. Such as:

"Have you ever been convicted of a misdemeanor or felony..."

You can honestly answer no to this, without any further explanation. However, if they ask:

"Have you ever been charged..."

You'll have to answer honestly, and explain the way you just did.

Or

"Have you received a traffic citation or penalty within x years..."

It's very important to pay close attention to how each question on the application is worded, and only answer in response to that wording. Don't offer any additional information until asked.

It's very important to pay close attention to how each question on the application is worded, and only answer in response to that wording. Don't offer any additional information until asked.

I completely agree with what Turtle points out, and I should have made my response more clear. The answers you give should be determined by the information they ask for. There is no reason to give them all kinds of details they are not looking for. Read their questions carefully and answer them accordingly.

I am thinking about getting into a CDL training program I am leaning mostly towards TMC Transportation I am a bit concerned about my past record I have a fairly clean MVR with a 1 seat belt violation and a ticket from 4 years ago for driving on a closed Road I am worried about 4 years ago I was charged with fleeing the scene of an accident in my personal vehicle the charges were dismissed not deferred and I never had to pay a ticket because there was no reportable accident they just dropped the charges I'm just afraid of this showing up on a background check I don't know if it would make any difference to an employer I could possibly have it expunged if that would be better I'm not sure if somebody could please let me know if that's something that I should be worried about and if I should what should I do about it thank you

Many applications ask "Have you ever been arrested?" Personally, I think it should be illegal nationwide for a company to use an arrest where charges were ultimately dropped or even more there was an acquittal, as a determining factor for employment. Some states actually bar being able to ask about arrests where there is no conviction. The trucking industry is not excluded from having to follow such laws. Background checks, in my opinion, should be limited to criminal convictions.

As to the issue presented, only provide the information requested. If the application asks about arrests, then indicate if you were arrested. If the application asks about convictions, state nothing. Also, be mindful of how long ago it asks for such information. Some traffic related convictions it will say 5 years and others companies will ask for the last 3 years. If you are asked If you have had a fleeing the scene, a reckless driving, or a driving 15 over arrest in the last 3 years, you would answer "No" no matter what happened because it was more than 3 years ago. I recently filled out an application with a trucking company that asked about arrests and/or convictions in the last 10 years. I answered "No" because my arrest was 18 years ago and the conviction 15 years ago. I didn't explain anything. It's on the company if they choose to go back farther than what the application asks.

Thank you for your input I feel more confident about the situation. I've been told the same thing from other sources. I'm just nervous about committing to something that could turn into an uphill battle. Again thank you very much I'm glad I got signed up here.

There is always the potential for an uphill battle when trying to get into the industry. But, if you try to withhold information asked for on an application, you make that uphill battle even worse. You get invited to an orientation. You thinking that you have already been hired, but this is just continuing the vetting process. Besides, any company reserves the right to terminate in the circumstance that the company learns that an employee lied/withheld vital information on an application. Back to the orientation. So you think that there is no issue. Day 2 or 3 of orientation, right before you get on the truck with your trainer, you get called into someone's office and are asked about a fleeing the scene arrest from 4 years ago. "But I wasn't convicted." Yes, but the application asked about arrests. Now you get sent home for something the company very likely would not have declined your application over. You also now have to list on applications that you went to orientation with a company. Now that fleeing the scene arrest looks a bit more worrisome because you also have a blemish on your DAC. You thought it was an uphill battle before, but now you are faced with only a handful of companies being willing to touch you versus several dozen companies having an interest.

Just give the information asked for; it's so much easier to do it this way.