misdemeanor charges - Page 5 - Truckers' Trucking Forum | Message Board

jescates · **^ Top** #41 03.11.2008

Just got a letter from the superior court of L.A. County. They approved my expungement and my DUI case has been changed to NOT GUILTY. It took just about a month and a few dollars. If I had hired a lawyer, it would have cost around $2500. So anyone with 1 DUI, don't pay the lawyers, look around the internet and find out what forms you need, and do it yourself.

fasgsxr1000 · **^ Top** #42 08.11.2008

I was recently charged with possession of marijuana in a CMV.My co-driver and I had just come off of hometime.I was involved in an accident.The trooper got into the truck and started looking around.He found a few roaches and a pipe in my co-driver's backpack.I had no knowledge that he had it.The trooper asked who's it was.My co-driver did not take responsibility for it and we were both taken to jail and terminated from the job.I have since had the charges against me dropped cause I provided a clean drug test.I have tried to get a job with several different companies and I have had no success.It shows on my DAC that I was terminated for possession of marijuana.Any ideas out there on what I should do.

rookietrucker · **^ Top** #43 08.11.2008

Quote:

Originally Posted by fasgsxr1000

I was recently charged with possession of marijuana in a CMV.My co-driver and I had just come off of hometime.I was involved in an accident.The trooper got into the truck and started looking around.He found a few roaches and a pipe in my co-driver's backpack.I had no knowledge that he had it.The trooper asked who's it was.My co-driver did not take responsibility for it and we were both taken to jail and terminated from the job.I have since had the charges against me dropped cause I provided a clean drug test.I have tried to get a job with several different companies and I have had no success.It shows on my DAC that I was terminated for possession of marijuana.Any ideas out there on what I should do.

If your not guilty as you say. I would present everything you said in this paragraph to a attorney. You might not get your job back because of the accident. But he could force the company to remove said information from your DAC/USIS. At this point its slander from the company. They said you were guilty before the jury came back.(which is not unusual in this business) This might cost you a grand but your talking about commercial licenses. This charge will haunt you forever in this profession if not removed. You could call dacfix and ask them what they think.

MGASSEL · **^ Top** #44 08.11.2008

Quote:

Originally Posted by rookietrucker

If your not guilty as you say. I would present everything you said in this paragraph to a attorney. You might not get your job back because of the accident. But he could force the company to remove said information from your DAC/USIS. At this point its slander from the company. They said you were guilty before the jury came back.(which is not unusual in this business) This might cost you a grand but your talking about commercial licenses. This charge will haunt you forever in this profession if not removed. You could call dacfix and ask them what they think.

Well unfortantly dismissed is not the same as not guilty.

Dismissed is the prosecutors do not think that they have enough or lack evidence to proceed.

rookietrucker · **^ Top** #45 08.12.2008

Quote:

Originally Posted by MGASSEL

Well unfortantly dismissed is not the same as not guilty.
Dismissed is the prosecutors do not think that they have enough or lack evidence to proceed.

However you want to word the issue, its slander at this point to have the possession charge on his DAC/USIS. Like I said earlier, the company said he was guilty before the courts even decided.

NealinNevada · **^ Top** #46 08.12.2008

Quote:

Originally Posted by jescates

Just got a letter from the superior court of L.A. County. They approved my expungement and my DUI case has been changed to NOT GUILTY. It took just about a month and a few dollars. If I had hired a lawyer, it would have cost around $2500. So anyone with 1 DUI, don't pay the lawyers, look around the internet and find out what forms you need, and do it yourself.

Just saw this post and I am happy (and a little bit proud

) that you took advice, did the legwork, and got your DUI charge changed...congratulations!

trafficbuck · **^ Top** #47 2 Days Ago

Can I get a drug charged record expunged. Happened in 2005 Jackson county Kansas City, MO.
If so can you please send me all the necessary paperwork to get it expunged.
Also if this does get expunged. will it be removed from my DAC report?

Best regards,
Chris

cajun · **^ Top** #48 2 Days Ago

Quote:

Originally Posted by trafficbuck

Can I get a drug charged record expunged. Happened in 2005 Jackson county Kansas City, MO.
If so can you please send me all the necessary paperwork to get it expunged.
Also if this does get expunged. will it be removed from my DAC report?

Best regards,
Chris

You should give a little more info, that always helps. What was the charge, misdemeanor,felony, what was the final disposition in the case?

trafficbuck · **^ Top** #49 2 Days Ago

This was a misdemeanor.

A judge sent me a letter 4-1-06
Stating: That the court thereafter suspended imposition of sentence and placed the defendant on probation.

Probation has expired 4-1-06

and it now being shown to the Court that said defendant has performed the term of probation in a satisfactory manner;

IT IS ORDERED that said defendant is hereby discharged from probation and from the jurisdiction of the Court, and the record herein is directed to be closed

The Judge signed and dated this.

cajun · **^ Top** #50 2 Days Ago

Quote:

Originally Posted by trafficbuck

This was a misdemeanor.

A judge sent me a letter 4-1-06
Stating: That the court thereafter suspended imposition of sentence and placed the defendant on probation.

Probation has expired 4-1-06

and it now being shown to the Court that said defendant has performed the term of probation in a satisfactory manner;

IT IS ORDERED that said defendant is hereby discharged from probation and from the jurisdiction of the Court, and the record herein is directed to be closed

The Judge signed and dated this.

That still isn't very much to go on, so my advice to you is to start at the arresting agency. Here in GA, about the only way you get something expunged is if you pleaded not guilty and the case was dismissed. Go to the arresting agency and get your criminal background report pulled, costs $20.00 here. Make sure the information on the report matches the charge on the final disposition of your case. If all that is showing up is a misdemeanor, I wouldn't be all that concerned about it. You'll just have to ask the arresting agency about expunging it and see what they say, good luck.

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