pending felony conviction not drug/alcohol related

Discussion in 'Questions From New Drivers' started by bmovers, Jul 3, 2014.

  1. bmovers

    bmovers Bobtail Member

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    Jun 14, 2014
    Phoenixville, PA
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    I read through the entire "DUI/Drug, felony and trucking facts" thread on the Experienced Truckers' Advice forum.

    I have questions regarding getting hired with a felony conviction, and I think I would do better to post my questions here.


    Here is a quote from the OP of that post:
    "If, you've been convicted of a felony, most companies once again say 5 years, some 7, some 10, some never. If the felony had anything to do with a CMV, you are pretty much done for life. These are generally company requirements. There are some that will hire felons with less than 5 years from conviction. Beware, however, that they will take advantage of your situation and you will be paid significantly less than your counterparts without a felony."

    I am considering getting my CDL very soon, and here is my situation:
    I have a PENDING felony conviction. The crime has nothing to do with DUI, drugs, alcohol, or violent crime. It is a non-violent "white-collar" crime (regarding IP/copyright). I am considering a 4 week school and can have my CDL by the end of August. I will be pleading guilty and will probably not be convicted until early 2015. The felony conviction is almost a definite. The only way it wouldn't be is if the charges are magically dropped, but that is not likely. I am 99% confident that my sentence will be probation only, with no jail time. My goal is to have my CDL and already have landed a job with a decent company BEFORE my conviction. The main reason is because I fear it will be very difficult to switch jobs once I have the conviction on my record.

    I have zero other past problems. Zero alcohol/drug related arrests or anything.


    Here are my questions:
    Does anyone have any knowledge or experience with how a felony conviction having nothing to do with driving or drugs or DUI can affect getting a driving job?
    I am wondering if it is true that most companies will not hire someone with any type of felony within the past 5 years. The actual "crime" itself was 4 years ago, but it has been a very slow process with getting indicted and then finally convicted, which should happen next year.

    Do companies check for current charges or pending convictions? Or only sentenced convictions?

    thanks
     
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  3. thejdogg

    thejdogg Light Load Member

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    Oct 26, 2013
    Missoula, MT
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    Not that you are a bad person. It may have been downloading a simple torrent for all I know, but many companies and not just in trucking saw that you took something (intellectual property) that wasn't yours and would fear you would do something equally immoral again if you had the opportunity. Most aren't interested in getting to know you as a person. The trucking world may be different though.
     
  4. FatDaddy

    FatDaddy Road Train Member

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    They will ask you if you have any pending charges against you.
     
  5. jbatmick

    jbatmick Road Train Member

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    It is going to be extrememly hard to make court dates if you become a driver. Most companies do not want to hire someone who is looking at going home for court hearings. Probation will possibly be a problem.
    Innocent until proven guilty generally does not fit into the truckers world, I am afraid.
     
    jjsiegal Thanks this.
  6. bmovers

    bmovers Bobtail Member

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    Jun 14, 2014
    Phoenixville, PA
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    Thanks to all for the replies so far.

    My assumption was that companies do not ask on their applications about any pending convictions. They only ask about convictions. This is why I wanted to be hired before the conviction. I'm guessing I was wrong about that, and that all or most of them do ask about pending convictions?

    There aren't going to be many court dates. There will be a guilty plea which will happen around late this fall, and then around 3 months later is the sentencing, which is expected to be just probation. That's it. Other than that I'd need to be home once a month or so, but from what I understand most OTR jobs you are home at least that often.
     
  7. zoekatya

    zoekatya Medium Load Member

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    Baltimore, MD
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    I've never had a company ask about pending convictions and I've worked for two. MCT AND Western Express
     
    Skydivedavec and bmovers Thank this.
  8. passingthru69

    passingthru69 Road Train Member

    Can you and your legal mouth piece get it plead down to a lesser charge? No felony??

    Just don't cop a plea..
     
    Skydivedavec Thanks this.
  9. thejdogg

    thejdogg Light Load Member

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    Oct 26, 2013
    Missoula, MT
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    I think most trucking companies do a fairly thorough background check, so they would probably know your past and present issues. Again, I've never worked in the trucking field, so I don't know for certain.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    Be careful. We had a guy in a similar situation, his was IP fraud and he didn't disclose his conviction because it was considered pending, he was convicted but not sentenced. The company as part of its due diligence did a full back ground check and consider this as lying on the app, fired the guy and I think had it put on his DAC report. I don't think it was fair but on the other hand, if you are in the sentencing phase, it is pretty much a conviction.
     
  11. jjsiegal

    jjsiegal Light Load Member

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    Jun 19, 2014
    Ft.Laud
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    This sucks man....sorry to hear about it.
    What was it over...did you download a bit torrent?

    I would think you can get hired....but probably have to stay local. Might have to start with local dump trucks or something like that.
    Just be upfront and disclose if asked.
     
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