Do you have a criminal record?

I was arrested for DWI (which is what they call DUI in TX) in 1979, coming home from a fraternity party.

It was supposed to be an unadjudicated offense, but it's still on my record, because an employer in 1996 brought it to my attention. It didn't cost me my job or anything, but I was certainly taken by surprise that they were able to find out about it.

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pdiddie...that could very possibly be a clerk's error. you'd better check into it. if the judge withheld adjudication...it keeps you from being CONVICTED....but it does not keep the charge 'off your record' btw, it's DUI here in florida also

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Their explanation was that my probation (six months) was unadjudicated, but the offense was not. Confused

My attorney (who explained it to me quite the opposite) went on to become the U.S Attorney in that district.

I really don't worry about it any more, since it has been 24 years, and I make sure I don't put myself in the circumstance of a repeat offense.

DUI was a bit of a joke before MADD changed everything. It's no joke any more.

One example: I knew someone who was arrested for DUI after having a couple of glasses of wine out to dinner some four years ago. His small children were in the car. CPS took the children away separately, and it was about a week before they were returned. Shocked

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...

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Phoenix32890 wrote:

IronLionZion- Since you wrote the question, why don't YOU begin? What happened that you are out on bail?

I was arrested on charges related to counterfiet bills. At the same time, in different parts of the city, other members of my crew were arrested. In the process of my arrest I assaulted a police officer. I was denied bail at first so I had to spend a few days in jail. However, I am out on $3,000 bail right now. My lawyer will get me off with a few years probation, no criminal record, and no-jail time - if I comply with the terms of my bail. By the way, I am 19.

Edited to make a long story short.

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In the meantime, I sincerely hope that you have found another line of work!!!

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ironlion...please don't say get you off with no criminal record - that ain't true. just the mere fact of the state of whereever you are filing a charge against you is on your 'record'. whether you plea, or take it to trial....adjudication or adjudication withheld - its on your record. The only way something can be dropped ENTIRELY is if it's expunged from your record (sealed).... how do I know? I work for the clerk of courts and thats just the way it goes...

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onyxelle wrote:

ironlion...please don't say get you off with no criminal record - that ain't true. just the mere fact of the state of whereever you are filing a charge against you is on your 'record'. whether you plea, or take it to trial....adjudication or adjudication withheld - its on your record. The only way something can be dropped ENTIRELY is if it's expunged from your record (sealed).... how do I know? I work for the clerk of courts and thats just the way it goes...

This is how my lawyer broke it down to me. I will recieve a 'suspended sentence.' The courts and police will be aware of the conviction but nobody else will be able to see it. Also, after five years - assuming I am not convicted of any other crimes - I can get it expunged permanantly from my record. Once it is expunged nobody will ever know about it.

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suspended does not mean no one will know about it. That's going to be in your court file, which is pubic record (unless you're lying and your crime is a sexual one againsta minor)...take it from the clerk of courts.....and if you go apply for a job, and check 'no' because you think no one else can see it...let me just say that would be the wrong thing to do.....

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onyxelle wrote:

suspended does not mean no one will know about it. That's going to be in your court file, which is pubic record (unless you're lying and your crime is a sexual one againsta minor)...take it from the clerk of courts.....and if you go apply for a job, and check 'no' because you think no one else can see it...let me just say that would be the wrong thing to do.....

I discussed this at length with my lawyer. He specifically told me to check the 'no' box on job applications, etc. I am not going to discuss exactly where all of this took place, but it is possible that different laws apply.

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Slappy Doo Hoo wrote:

No, but once they catch on to my BMG music club scheme, I'm going away for a looooong time...

Actually, no. But I did get kinda arrested after getting caught with a fake ID at a bar when I was 18. Didn't go on a criminal record, though.

At 18 you wouldn't need a fake ID here!

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well, i guess it's possible. I'm curious now, enough to ask the state attorneys here. but, hey.....others differ from state to state, so might this I guess...

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McTag wrote

I have one by Rolf Harris but thankfully none by Des O'Connor.

AWWWW I was gonna crack that gag. Crying or Very sad

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I got arrested in India when I was a student in for taking part in a demonstration. When the police inspector found who my dad was, went to drop me home and personally apologize to my dad !! Twisted Evil

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Not sure if that counts as having a criminal record!

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Steve (as 41oo) wrote:

McTag wrote

I have one by Rolf Harris but thankfully none by Des O'Connor.

AWWWW I was gonna crack that gag.

Maybe we should translate it into American.....say Burl Ives and ???

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....but there are so many!

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IronLionZion - Onyxelle's right - if I were you, I'd check again. Maybe your lawyer is telling the truth, but something sounds like it's missing here.

Were you a juvenile at the time of the offense? If you are taking a suspended sentence (no jail, etc.) it sounds to me like your pleaing out. If you are convicted of assaulting a police officer (an you will be when you plea out) there is no way that it's coming off of your record. It seems to me like someone's doing you a big favor - and I'm unclear as to why - especially if you were denied bail to begin with. The courts usually frown on assaulting an officer.

The only way I would think you'd get it expunged is if there's someone you're offering up that they want more. As an aside - if you get cuffed for anything between now and then you will serve out the suspended term, and your record will never be sealed.

Also remember - expunging doesn't mean no one will ever see it. It still happened - they just have to try harder to get it.

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Sugar wrote:

IronLionZion - Onyxelle's right - if I were you, I'd check again. Maybe your lawyer is telling the truth, but something sounds like it's missing here.

Were you a juvenile at the time of the offense? If you are taking a suspended sentence (no jail, etc.) it sounds to me like your pleaing out. If you are convicted of assaulting a police officer (an you will be when you plea out) there is no way that it's coming off of your record. It seems to me like someone's doing you a big favor - and I'm unclear as to why - especially if you were denied bail to begin with. The courts usually frown on assaulting an officer.

The only way I would think you'd get it expunged is if there's someone you're offering up that they want more. As an aside - if you get cuffed for anything between now and then you will serve out the suspended term, and your record will never be sealed.

Also remember - expunging doesn't mean no one will ever see it. It still happened - they just have to try harder to get it.

No, I am not a juvenile. I am 19.

The lawyer that I spoke to in jail told me that "I could give a name" to make it easier for myself. I refused.

There have been five or six court dates so far. The keep putting it off to a later date in order for me to complete anger management (which I still have not started.) During one of the first few dates my lawyer told me that the charge of assaulting a police officer was being 'stayed' because the prosecuter did not have enough evidence to successfully prosecute me on that charge...or something to that effect.

Anywhoo, I am not clear on exactly what is going on myself. I will talk to my lawyer on Monday.

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You better stay out of trouble pal. If they are "staying" the assaulting a police officer charge as part of a plea agreement, that means you will be pleading guilty to it. If you screw up again, they are going to sentence you very harshly. Probation is only a slap on the wrist if you stay out of trouble. If you don't; you are likely to receive even harsher sentences for these charges and you will have already given up your chance to fight them.

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Do you have a criminal record?

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