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Q: Employment law ( No Answer,   3 Comments )
Question  
Subject: Employment law
Category: Business and Money > Employment
Asked by: ashamed-ga
List Price: $10.00
Posted: 25 Aug 2005 18:52 PDT
Expires: 24 Sep 2005 18:52 PDT
Question ID: 560607
I was hired for a really nice job. Today when I was filling out the
personnel paperwork in the office I came across the question "Have you
ever been convicted of a crime?" I check "no," however, I have been
arrested for driving on a suspended license eight years ago. Obviously
I paid a fine but that was it. Was I incorrect in stating that I had
not been convicted of a crime? With my new employer find out that I've
been arrested?

Clarification of Question by ashamed-ga on 26 Aug 2005 02:59 PDT
I'm in Florida.

Ok, if I remember the question it was something like, "Have you ever
been convicted of a crime except for a minor traffic violation."

I mean, I don't mean to justify my actions but I didn't drunkenly mow
down a family on their way to Disney World. I feel horrible about
this. I don't know what to do. I'm really terrified of losing this
position.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Employment law
From: c12719-ga on 26 Aug 2005 00:10 PDT
 
If you were arrested and paid a fine you were convicted of a crime.
Depending on the state this occured in and the circumstances, driving
with a suspended license can be an infraction, misdemeanor or felony.
Generally it is a misdemeanor offence. Criminal records are public
records in some states though are not in most. Your employer may or
may not find out depending on who does a search and what state you
reside in. I would seek the advice of an attorney regarding expungment
or sealing of the record. I am not an attorney and this is not to be
construded as leagal advice. Good luck.
Subject: Re: Employment law
From: smartcookie21-ga on 26 Aug 2005 00:30 PDT
 
What jurisdiction are you working in? Also, where did the crime take
place? Under English Law a conviction can be considered "spent" after
a certain length of time. If this all took place in England or Wales
I'll give you more information.
Subject: Re: Employment law
From: c12719-ga on 26 Aug 2005 10:35 PDT
 
"The Driving While License Suspended (D.W.L.S.) charge is a criminal
traffic offense in Florida
Driving While License Suspended, if it is your third offense, is now a
felony in Florida.  One charged with DWLS as a felony is facing up to
five years in Prison and a five year driver's license revocation on
top of that!
If it is your first offense, you now face either a civil or a criminal
misdemeanor.   The civil charge results when you unknowingly drove
with a suspended license.   However, the "one strike" accumulates
against you.  If you knowingly drove while your license was suspended
and are found guilty you are facing up to sixty (60) days in jail and
a five hundred dollar fine.
Your second offense carries up to a year in jail and a five hundred
dollar fine.   "Strike three" gets you a five year revocation of your
license and may be a felony.  You will be labeled an "habitual traffic
offender" if you are convicted of three driving while license
suspended cases, regardless of whether you were jailed or not."



Criminal records are public in FL  -  www.fdl.state.ll.us/CriminalHistory 

Misdemeanors are never considered "spent" in the US. They can however, be sealed.

Most attorneys will not charge you for a short consultation.

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