On call Attorney's

That is correct advice, most LEO's will not allow you to use a cellphone during the course of a stop.

 

Does any one know if you get a criminal conviction expunged on a state level,will it be expunged on your dac? If it does get expunged will you still have to say yes when the companies ask if you ever been convicted of crime? It can be expunged after 3 years,but some companies want to go back 5 yrs. Talk about being sentenced twice!

 

As for case 1 about attorney. Be as meek as possible, only speak when spoken to, admit to nothing! Like say, I wasn't aware, wasn't before or I don't think so. It does help sometimes to have a sticker where it can be seen that you belong to a legal group such as a Drivers legal plan. And they can get you a lawyer where ever you need one. Some will see it and not want to go thru the hassles. But don't do anything at the time! You don't want to irritate, it just gets you in worse, and they will make it worse.
As for the record thats been expunged it should not be on your DAC after expungement, but don't depend on it, get a copy, check it, and dispute it,to get it off! Dac will not take anything off if it is not requested. They will remove it when they recheck the data and it is not there. And you do not have to reveal an expunged offense, that is why you had it expunged! To clear it off your record! It no longer exist! A records search is not suppose to pull it up. Dac will only have it if someone did a search while it was on your record. But does not take it off unless asked to and they verify it doesn't exist now!

 

Also, FMCSA only requires 3 year history. But DAC goes back as for as 7 yrs or more on certain things. So if you have a violation 4 years ago, and an application ask for last 5 years, you better be open and honest. Cause if you falsify that it can be a federal offense and serious trouble. But if the company only ask for 3 years then you can leave it off, but it probably will show up on the DAC and the company request for dac will send everything thats on your record not just the last 3 years. So it would be better to give the company a heads up before hand, despite them not requesting more than 3. You won't be breaking the law by not including in a 3 year history but they will find it anyway, so just let them know, they my hire you any way. But they will definitely terminate you if they ask and you don't tell, and it will hurt you more.

 

My last company told DAC I had 6 accidents. I disputed it, and DAC took 2 off. But the company is still telling prospective employers I had 6. My MVR is clean, no DOT reportables, work record good. Been driving over 16 years, O/O for 7 years. Left company because of pay. And despite being an O/O company handle accident that a guy hit me. It was a no fault accident but yet didn't find out about the company settled and didn't tell me anything. I had no noticable damage. It was other guy's fault, found out 1 1/2 years later company says it was preventable on my part! Still fighting to get it corrected on my DAC. Even sent DAC the accident report. But all DAC does to verify the info is go back to the source (company) and ask if it is true! HaHa, what good does that do? And told me to take it up with company. 2 others were equipment malfunctions, 1 on dock, have as accidents, preventable! Going to have to sue the company to get it corrected. Have sued a company before and represented my self and won, but think I'm going for more this time with a lawyer.

 

I don't exactly understand these DAC reports, as I have never seen them, nor heard of term until I started on this forum. Correct me if I am wrong, your company or previous employer can basically put anything on there that they so choose? Even if untrue? What recourse do you have to fight or clear the DAC report? Another question is, if you had the accident report that showed you were not at fault how can the company list it as an at fault collision? From what you, the driver's, have posted in the past it seems like a easy way to screw a driver that previously worked for them. For instance, you quit because of any number of reasons, now that company sticks it to you again for not staying with them. Sounds like endentured servitude, or at the very least force you to stay with that company.

 

DAC use to be USIS (United States Information System). But has now changed to HireRight, online HireRight.com . The principles are good, as we all know there are bad drivers out there, but there are bad in all walks of life. There just needs to be a agency that is not to busy to acually mediate the disputes. HireRight should not be able to publicise information the has not been verified. They should have to contact drivers to confront them with said info and give them a chance to dispute the allegations before releasing it to other companies. dispite they not saying the info on file they are passing on hearsay data that they don't even try to verify. If a driver disputes the information in his file and they believe it to be true they should be also held accountable as to it's accurracy. You can go after the company that submits the information now, but you should be able to hold HireRight liable too. They make a judgement call to put it out there, they should be responsible for it's content!