over the holidays i was involved in a misdemeanor battery charge... in kansas that is defined as "touching someone in a rude or offensive manner" i was trying to break up a fight and the rest is history...
anyhow i have a clean record and am 36 yrs old... the schools ive been contacting say it has to be at least 5 yrs old before they will touch you... is that an industry standard or just the schools choosing?
again clean criminal record and driving record aside from this one altercation
am i screwed until 41yrs old???
misdemeanor battery
Discussion in 'Trucking Industry Regulations' started by frankz, Jan 31, 2009.
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Have you already been convicted of it?? If not, I would fight the charge.
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It really depends on where this happened. And whether you have been "convicted" by a Judge.
Typically, a misdemeanor doesn't involve the court system per se. It's something you are just fined for, and you're done.
My best advice. Go down and have your record pulled and take a look at it, it may not even be there.
Many smaller communities have the Chief Of Police, as the "judge" involving misdemeanors. And they rarely place it on your file. -
i do have an appeal set so well hope for the best... the judge did warn me though they could increase the fines and probation... more of a threat and it is going thru the judge and will stay on my record.. I had to get rid of all my firearms as im no longer allowed to have any....
warning never get in trouble in kansas.... it is the most backwards state in the nation small town law good old boy system.... the wrong guy in kansas could run into your parked legally trailor and if he is buddys with the sheriff or judge you will be the one nailed
ill find out in 2 weeks how the appeal goes -
As to whether it is an employment problem - maybe. Battery is a violent crime against a person albeit not as serious as a felony, and many employers will black ball you for it. It does depend on the state (labor laws) you are applying for employment in - some exclude misdemenors, some have a time limit, but in others its there forever. Check with the state department of labor on that.
If it's going to appeal - GET AN ATTORNEY!Baack Thanks this. -
Anyone who thinks a misdemeanor isn't a matter of strict record has been seriously misled. Infractions, maybe, but still highly viewable. Most employers assume misdemeanors were really felonies that plead down, which is typical.
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you can't have any guns from a misdemeanor?never heard of that before.for a felony yes.i would talk to a lawyer if i was you and see what he says.
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why break up a fight where you can get hurt in the process? let the goof balls fighting get caught by the police or let them knock one anothers teeth out till they are done. no good comes from breaking up a fight.
4eagles, psanderson and Big Don Thank this. -
Take my small community. Unless you rape, murder, use drugs, or put someone in the hospital. It's doubtful the charge and/or conviction will go on any record.
The majority of misdemeanors committed within the city limits, are handled by the Chief of Police. Outside the city limit, it's handled by a Justice of the Peace. The person charged, never sees a Judge. Unless they're crazy enough to ask for one.
Take for example the charge of "Paraphernalia", If you get hit with it here (my hometown), you'll pay a fine of about $200. There won't be a record of it anywhere, afterward. You'll never see the back of a squad car.
Whereas, if you go 60 miles east into Alabama and get caught. You'll pay almost $700 in fines, court cost AND be ordered into a drug rehab program...and do 2 years probation ON PAPER. This happens after you've been bailed out of jail.
Both states consider it a misdemeanor.
Lets consider your driving record. If I get a speeding ticket within the city limits of my hometown. It will NEVER appear on any database. It will cost the hell out of me. But it won't go on record. The same applies to tickets issued by the Highway Patrol, in certian counties.
It has nothing to do with who you know, that could get you in more trouble. It has everything to do with what you know.
Do you have a car that will go 200 mph? Want to drive it that fast? I know a place to do it. Even if you're caught, there will NEVER be a record of it on your CDL. It will cost you about 2 weeks pay though. -
He is right about KS. There are also companies that will never hire you if you have any crime of violence on your record from ever. Guess they might be worried that if there is a 'misunderstanding', you might be tempted to use a little more violence to 'resolve' it.
You need to fight anything if it might go on your record. Most attorneys don't really get this, either, from my experience.Baack Thanks this.
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