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Drug charge expunged and Haz Mat

Discussion in 'Questions From New Drivers' started by optlock, Apr 30, 2011.

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  1. Apr 30, 2011 #1
    optlock

    optlock Bobtail Member

    14
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    Mar 29, 2011
    Greensboro NC
    0
    So I have a drug charge last year the charge was dismissed and I have had it expunged from my record. I have not got my CDL yet but I will have it in one more week. So I am wondering if I go and get finger printed for a Haz Mat endorsement will this show up therefore the request will be kicked back with a no go?

    Thanks for Any good advise.
     
    optlock, Apr 30, 2011
    optlock, Apr 30, 2011
    #1
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  3. Apr 30, 2011 #2
    BBradUMA

    BBradUMA Light Load Member

    159
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    Mar 30, 2011
    New Hampshire
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    That isn't a criminal conviction.

    An arrest can't be used against you as any arrest could be false or based on unconstitutionally obtained evidence :)
     
    BBradUMA, Apr 30, 2011
    BBradUMA, Apr 30, 2011
    #2
  4. Apr 30, 2011 #3
    optlock

    optlock Bobtail Member

    14
    2
    Mar 29, 2011
    Greensboro NC
    0
    But it went to court the judge did dismiss the charge so it is still on my record? So I am wondering if the TSA or whoever reviews the application will see it and say sorry move on?

    Thanks

    :biggrin_25524:
     
    optlock, Apr 30, 2011
    optlock, Apr 30, 2011
    #3
  5. Apr 30, 2011 #4
    123456

    123456 Road Train Member

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    An arrest may most certainly be used against you.

    They may not admit to it, but it does happen.

    Don't volunteer anymore information than necessary !!!
     
    123456, Apr 30, 2011
    123456, Apr 30, 2011
    #4
  7. Apr 30, 2011 #5
    123456

    123456 Road Train Member

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    TSA will NOT have a problem with it,

    just trucking companies.
     
    123456, Apr 30, 2011
    123456, Apr 30, 2011
    #5
  8. Apr 30, 2011 #6
    BBradUMA

    BBradUMA Light Load Member

    159
    26
    Mar 30, 2011
    New Hampshire
    0
    Not a chance.

    First off an expungement is different from a charge being dismissed. An expungement is when a person was found guilty and they petition to have the charge removed. A dismissal is when a charge is not substantiated and is completely dropped.

    You could have been arrested for murder and if the charge is dismissed the fact that you were arrested for it cannot be used against you.

    If the TSA *did* hold it against you, you'd probably have a civil case of some kind. You also could utilize their appeals process.
     
    BBradUMA, Apr 30, 2011
    BBradUMA, Apr 30, 2011
    #6
  9. Apr 30, 2011 #7
    BBradUMA

    BBradUMA Light Load Member

    159
    26
    Mar 30, 2011
    New Hampshire
    0
    You are giving some very bad advice.

    Omitting information on a federal related issue could subject one to criminal liability under 18 USC 1001. You should offer the truth at all times.

    Police officers frequently make arrests that are false or as a result of illegally obtained evidence. If a dismissed charge could be used against someone it would be the equivalent of a conviction.

    Arrests mean nothing. Convictions mean everything.
     
    BBradUMA, Apr 30, 2011
    BBradUMA, Apr 30, 2011
    #7
    gearjammer-2000 Thanks this.
  10. Apr 30, 2011 #8
    123456

    123456 Road Train Member

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    I explained it the way it is,

    I NEVER said lie.

    And I live in the real world, believe what you wish,

    but I know how trucking works.
     
    123456, Apr 30, 2011
    123456, Apr 30, 2011
    #8
  11. Apr 30, 2011 #9
    BBradUMA

    BBradUMA Light Load Member

    159
    26
    Mar 30, 2011
    New Hampshire
    0
    We're not talking about trucking, we're talking about TSA clearance for a state DMV to issue a HazMat endorsement.
     
    BBradUMA, Apr 30, 2011
    BBradUMA, Apr 30, 2011
    #9
  12. Apr 30, 2011 #10
    123456

    123456 Road Train Member

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    Yessiree,

    that's correct. I stated TSA will not have any problem with it !!!
     
    Last edited: Apr 30, 2011
    123456, Apr 30, 2011
    123456, Apr 30, 2011
    #10
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