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Background check with a DIsmissed DUI

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  • Background check with a DIsmissed DUI

    police forum
    Last edited by MikeR860; 02-23-2018, 12:48 PM.

  • #2
    It’s going to be a major hurdle.
    I make my living on Irish welfare.

    Comment


    • #3
      Originally posted by MikeR860 View Post
      Will I be able to become a police officer and pass my background check if one year ago I got a dui? I got the case dismissed 10 months earlier then the law states through self representation and completed the AEP class in 5 weeks instead of 10. It was the biggest mistake of my life... prior to this I have a clean driving record, no tickets or citations, college grad in Criminal Justice, interned in the chiefs office office , worked as a student worker at a police department...!since then incident I haven’t had a drink, and have been avidly looking and supporting programs like MADD to help support and fund ther it cause ... not to make it look good but because of the risks and dangers drinking and driving comes with... Any luck? And I have my record dismissed, but it will show on my dmv record
      Let me start by saying being CONVICTED of a DUI is a big deal in law enforcement hiring.

      But the purpose of a background investigation is to investigate what you are as a person. That includes delving into things that you did, that didn't involve convictions. In this case You drove while drunk.................and it sounds like you got arrested.

      It really doesn't matter the reasons behind you not having a DUI conviction on your record........what matters was your conduct that got you noticed by the police and arrested/ cited / charged.

      Many times in life you are going to find out that a mistake you made a long time ago will haunt you . This really wasn't a mistake........it was a criminal act.

      You will have a huge hurdle to jump
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        Originally posted by MikeR860 View Post
        Will I be able to become a police officer and pass my background check if one year ago I got a dui? I got the case dismissed 10 months earlier then the law states through self representation and completed the AEP class in 5 weeks instead of 10. It was the biggest mistake of my life... prior to this I have a clean driving record, no tickets or citations, college grad in Criminal Justice, interned in the chiefs office office , worked as a student worker at a police department...!since then incident I haven’t had a drink, and have been avidly looking and supporting programs like MADD to help support and fund ther it cause ... not to make it look good but because of the risks and dangers drinking and driving comes with... Any luck? And I have my record dismissed, but it will show on my dmv record
        So you went to college for criminal justice, interned in the "chiefs office office" and worked as a student worker at a police department...and DESPITE ALL THAT you decided to drive drunk?! Obviously you didn't learn anything in college...or the police departments you interned/worked for. Why would a hiring agency trust you to learn anything in the academy, during field training or on the job??

        You got a DUI only one year ago. Try applying in 5 to 10 years.

        (Or get a second DUI and apply to Linden PD in New Jersey. You'll fit right in.)

        Comment


        • #5
          I'm really unclear on how someone who got arrested would "get the case dismissed" like it was no big deal...even someone with a little bit of knowledge, like a CJ degree holder.

          I've made hundreds upon hundreds of DUI/OWI arrests over my career, a very small percentage of which were dismissed or "No Processed"... mainly because the prosecutor lacked a spine... but I've never had an arrestee, all by himself, get one of my cases dismissed, like he just walked into a courtroom, said a few words to a judge, and the judge said, "Oh, I see. Yes, you're right, never mind".

          How did you manage to do that?

          And if you DID get the case dismissed... how was it that you had to take the AEP classes.. which are part of a DUI sentence, meaning the case was not dismissed before conviction.

          Your story has some inconsistencies.
          Last edited by Curt5811; 12-21-2017, 10:33 AM.
          You can trust just about every officer you work with to risk their life to save yours, but don't ever leave your lunch in the breakroom refrigerator.

          Comment


          • #6
            Originally posted by Curt5811 View Post
            I'm really unclear on how someone who got arrested would "get the case dismissed" like it was no big deal...even someone with a little bit of knowledge, like a CJ degree holder.

            I've made hundreds upon hundreds of DUI/OWI arrests over my career, a very small percentage of which were dismissed or "No Processed"... mainly because the prosecutor lacked a spine... but I've never had an arrestee, all by himself, get one of my cases dismissed, like he just walked into a courtroom, said a few words to a judge, and the judge said, "Oh, I see. Yes, you're right, never mind".

            How did you manage to do that?

            And if you DID get the case dismissed... how was it that you had to take the AEP classes.. which are part of a DUI sentence, meaning the case was not dismissed before conviction.

            Your story has some inconsistencies.

            The OP appears to be from Connecticut. Sounds like he did a pre-trial program. If the offender completes it successfully, the charge is dismissed:


            PRETRIAL ALCOHOL EDUCATION PROGRAM (CGS § 54-56G)

            Someone charged with DUI or, if under 21, operating a vehicle with a BAC of .02% or more, may apply to the court for admission to the Pretrial Alcohol Education Program. The applicant must pay a $100 application fee and a $100 nonrefundable evaluation fee. The applicant also must make certain affirmations under oath before the court, including that he or she has not had the program previously invoked on his or her behalf within the preceding 10 years, or ever, if under age 21. The court must seal the file when the offender applies for the program.

            The court can grant the application after considering the recommendations of the state's attorney. If the court grants the application, it must refer the motorist to CSSD for assessment and confirmation of his or her eligibility and to DMHAS for evaluation. Upon confirmation of eligibility, the person is referred to DMHAS for placement in either an appropriate alcohol intervention program for one year, or a state-licensed substance abuse treatment program.

            If the defendant satisfactorily completes the assigned program, he or she may apply for dismissal of the charges. The court must dismiss them on a finding of satisfactory completion.

            The offender's license suspension remains in effect while he or she participates in the program, although he or she has the option of not starting the program until the end of the suspension period.

            The court may require as a condition of granting the application that the offender take part in the CSSD-approved victim impact panel program. The program provider must offer to waive the program's $75 fee if it determines it would pose an economic hardship for the participant CGS § 54-56g(g)).

            A driver is ineligible for the program if involved in an accident that caused a serious physical injury or if the charge resulted from operating a commercial motor vehicle.

            Comment


            • #7
              Originally posted by not.in.MY.town View Post


              The OP appears to be from Connecticut. Sounds like he did a pre-trial program. If the offender completes it successfully, the charge is dismissed:


              [B]
              Does such a dismissal mean the DUI doesn't appear on a driver's record at all? Does this one count as a prior offense if he should get a subsequent charge? If the file is sealed as described above, how would an officer arresting for a subsequent charge know of its existence?
              You can trust just about every officer you work with to risk their life to save yours, but don't ever leave your lunch in the breakroom refrigerator.

              Comment


              • #8
                Originally posted by Curt5811 View Post

                Does such a dismissal mean the DUI doesn't appear on a driver's record at all? Does this one count as a prior offense if he should get a subsequent charge? If the file is sealed as described above, how would an officer arresting for a subsequent charge know of its existence?
                All very good questions...to which I don't know the answers.

                I don't work in CT. I was just as confused as you about the OP's initial post and decided to do a quick search on DUI laws in CT. Now, finding answers to the above questions would require actual research.

                Comment


                • Curt5811
                  Curt5811 commented
                  Editing a comment
                  My interest isn't strong enough to do actual research.

                  Thanks for what you did do

              • #9
                Originally posted by Curt5811 View Post

                Does such a dismissal mean the DUI doesn't appear on a driver's record at all? Does this one count as a prior offense if he should get a subsequent charge? If the file is sealed as described above, how would an officer arresting for a subsequent charge know of its existence?
                The arrest should still show in NCIC. Any investigator worth their salt would then do a follow up to find the disposition of the case. I’ve seen a case where an applicant was arrested numerous times on various “minor” offenses. No convictions resulted from the arrest. Applicant told BI that they had been arrested numerous times and that there were no convictions as a result of the arrests. It was later discovered by the BI that the arresting officers were the same two officers. Further investigation uncovered that one of the arresting officers was a former inlaw of the applicant and the other arresting officer was the beat partner of the inlaw. Often very far fetched and hard to believe, but these things do happen. Though in the case of the OP, I think he’s one of those people who doesn’t belong in LE. All that exposure to the job and how things work yet still CHOOSES to get sauced up and drive.
                Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                Comment


                • #10
                  Background disqualifiers are based on an applicant's conduct and not on convictions. I did a background on an applicant who was accused of rape. He was acquitted at trial because the investigating agency screwed up handling the physical evidence. He may not have been a rapist as a matter of law, but he still was a rapist as a matter of fact and was disqualified.

                  Getting popped for DUI while prepping for a law enforcement career indicates you lack the traits of sobriety, dependability, and good judgment, all of which are minimum requirements for the position of a police officer. You would be an auto DQ with my agency.
                  Going too far is half the pleasure of not getting anywhere

                  Comment


                  • #11
                    5 yr DQ here. Not permanent though.
                    Judge me by the enemies I have made----Unknown

                    Comment


                    • #12
                      It is not a lifetime DQ with the agency I worked for, but it may as well be. My sheriff spent his early career as a trooper and absolutely hated drunk drivers. He would never extend an offer of employment.
                      In God We Trust
                      Everyone else we run local and NCIC

                      Comment


                      • #13
                        Originally posted by Lady Blue View Post
                        It is not a lifetime DQ with the agency I worked for, but it may as well be. My sheriff spent his early career as a trooper and absolutely hated drunk drivers. He would never extend an offer of employment.
                        I think that is almost the norm..........................Not a permanent DQ on paper but in most agencies it will be in practice. The competition is just too stellar
                        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                        Comment


                        • #14
                          And the OP has never returned
                          USAF VETERAN 2004-2012
                          "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                          DA Civilian Police Officer, APG MD

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                          • #15
                            I agree terrible decision
                            Last edited by MikeR860; 02-24-2018, 01:42 PM.

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