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Background check with a DIsmissed DUI

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  • #16
    Originally posted by MikeR860 View Post
    .. upon completing application for background I signed a form stating I was able tonswear under oath I wasn’t arrested or with a conviction...
    You do understand , don't you , that it would be a lie if you did that. on a Law Enforcement application .

    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

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    • #17
      Originally posted by MikeR860 View Post
      I understand it was a criminal act which is irresponsible... as mentioned in my original post I’m not making excuses or denying anything...and with that I understand the honesty and take responsibility ...

      as me mentioned in the Connecticut general statue the case was dismissed ... how it goes is once you complete the 10 week course... one year from that day the dui will be dismissed... in my case I requested a sooner court date with a motion to dismiss ... the judge was a former police chief and understood people make mistakes and gave me a lecture on police , discretion, and handling similar situations.. upon completing application for background I signed a form stating I was able tonswear under oath I wasn’t arrested or with a conviction...

      my my biggest hurdle now is the suspended license in my past
      Did you already apply with an LE agency?

      It would be accurate to say that you were not convicted. However, you were arrested. There is no changing that. Even if your record was sealed or expunged. The DUI will likely disqualify you for a few years. Claiming on an LE application that you were never arrested will disqualify you for life.

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      • #18
        police forum..
        Last edited by MikeR860; 02-23-2018, 01:54 PM.

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        • #19
          Originally posted by MikeR860 View Post
          This is what I was requested to submit with background? Is it considered lying ?
          My question is..........................Did you get arrested?
          IF the answer is yes.....................then saying you did not get arrested is lying no matter what the "expungement" paperwork says.

          In my world a lie is a lie
          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


          • #20
            You might be able to justify it using that little quirk, but you will not be able to stop the BI from discovering it. Regardless of what is on that paper the agencies are going to know that you are a drunk driver who wiggles through loopholes to cover up issues with integrity.
            In God We Trust
            Everyone else we run local and NCIC

            Comment


            • #21
              Originally posted by MikeR860 View Post
              This is what I was requested to submit with background? Is it considered lying ?
              I understand that you had the charge dismissed after completing the pretrial program. Have you also had your record erased pursuant to one of the applicable sections in the notice you posted?

              If so, then my understanding of that notice is that BY LAW you are NOT required to disclose your arrest. Since the notice is specifically addressed to police officer applicants, not disclosing the DUI arrest should NOT be held against you and would not be considered a "lie".

              You might want to speak to someone more knowledgeable if you haven't already...but as far as I can tell, you're good to go.

              That being said, nothing will prevent the BI from asking you if you have ever operated a motor vehicle while intoxicated. While he may not ask you if you ever got arrested for DUI, he certainly can ask about the conduct itself...and YES, you would be expected to answer honestly.
              Last edited by not.in.MY.town; 12-22-2017, 09:15 PM.

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              • #22
                Originally posted by Lady Blue View Post
                You might be able to justify it using that little quirk, but you will not be able to stop the BI from discovering it. Regardless of what is on that paper the agencies are going to know that you are a drunk driver who wiggles through loopholes to cover up issues with integrity.
                My big problem is that YES a Background Investigator will discover this arrest. The absolutely WORST thing that can happen in a Background Investigation is when that Investigator finds out there was a material omission in the information provided by the applicant. It makes the entire background packet suspect in the eyes of the investigator.

                That pushes the investigator to delve more closely into the packet to see if there are other omissions. It also casts doubt on the basic truthfulness of the applicant.

                It looks like you are legally "covered" in your coverup of your past ....................................but it sill strikes me as a material lie in a profession that is built on trust and truthfulness.

                Also I would not try to get hired in any other State as that little piece of paper would be worthless anyplace else.
                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


                • Lady Blue
                  Lady Blue commented
                  Editing a comment
                  My feeling as well.

              • #23
                Originally posted by Iowa #1603 View Post

                My question is..........................Did you get arrested?
                IF the answer is yes.....................then saying you did not get arrested is lying no matter what the "expungement" paperwork says.

                In my world a lie is a lie

                Its right there in the application, he is not required to disclose it. I do find that very strange because I know I had to disclose all contacts I had with the police to the best of my memory.

                He is good to go. That’s nuts in my opinion.
                Last edited by Lawdog138; 12-24-2017, 07:13 AM.

                Comment


                • #24
                  Originally posted by Lawdog138 View Post


                  Its right there in the application, he is not required to disclose it. I do find that very strange because I know I had to disclose all contacts I had with the police to the best of my memory.

                  He is good to go. That’s nuts in my opinion.
                  It's STILL a material lie.no matter what the quirk says

                  Starting out this career with an untruth sticks in the back of my throat
                  Last edited by Iowa #1603; 12-24-2017, 08:18 AM.
                  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


                  • #25
                    He says no then he's already a Brady officer IMO. I agree w/ Lawdog138
                    Judge me by the enemies I have made----Unknown

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                    • #26
                      Know what cops hate more than lawyers? People who get off on technicalities

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                      • #27
                        Ok, so the OP didn't actually "get the case dismissed". All he did was pay some money and get the boxes checked by a bored guy running the alcohol classes. Before he had even stepped aside to the clerk's desk to get the paperwork, the judge had forgotten who he was. Yeah, we've got us a real Clarence Darrow here.
                        Government is not the solution to our problem; government is the problem. - Ronald Reagan

                        I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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                        • #28
                          police forum..

                          Comment


                          • #29
                            Originally posted by not.in.MY.town View Post

                            I understand that you had the charge dismissed after completing the pretrial program. Have you also had your record erased pursuant to one of the applicable sections in the notice you posted?

                            If so, then my understanding of that notice is that BY LAW you are NOT required to disclose your arrest. Since the notice is specifically addressed to police officer applicants, not disclosing the DUI arrest should NOT be held against you and would not be considered a "lie".

                            You might want to speak to someone more knowledgeable if you haven't already...but as far as I can tell, you're good to go.

                            That being said, nothing will prevent the BI from asking you if you have ever operated a motor vehicle while intoxicated. While he may not ask you if you ever got arrested for DUI, he certainly can ask about the conduct itself...and YES, you would be expected to answer honestly.
                            X2. One or more questions on the background investigation will contain a question such as have you ever been arrested or have you ever been incarcerated/booked at a jail. The question to that answer is yes. Doesn't matter what that piece of paper said. The background packet will contain a section that says you will answer all questions honestly. If you say no to ever being arrested then you would be lying. A simple NCIC will reveal your arrest. Just be honest. If not your done. You dont want to look like your are trying to hide or cover up anything.

                            Comment


                            • #30
                              Originally posted by MikeR860 View Post
                              I understand it was a criminal act which is irresponsible... as mentioned in my original post I’m not making excuses or denying anything...and with that I understand the honesty and take responsibility ...

                              as me mentioned in the Connecticut general statue the case was dismissed ... how it goes is once you complete the 10 week course... one year from that day the dui will be dismissed... in my case I requested a sooner court date with a motion to dismiss ... the judge was a former police chief and understood people make mistakes and gave me a lecture on police , discretion, and handling similar situations.. upon completing application for background I signed a form stating I was able tonswear under oath I wasn’t arrested or with a conviction...

                              my my biggest hurdle now is the suspended license in my past
                              You still don't get it. The dismissal is a procedural matter. It has nothing to do with your conduct, which in turn, speaks to you character and qualities of integrity, honesty, sobriety, dependability, industry, thoroughness, accuracy, good judgement, initiative, resourcefulness, etc. Those are things that are demonstrated by what you have done not by some legal declaration.

                              This is not a game where you roll the dice and proceed so many steps on the board. It is real life, where words actually mean things and dishonorable conduct can be held against you. There no reset/game restart/do over button.

                              I gave a lot of people breaks when I did backgrounds, but again, with the attitude you are displaying you will still be a DQ with my agency.

                              Going too far is half the pleasure of not getting anywhere

                              Comment

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