Does my past haunt me??

Discussion in 'Questions From New Drivers' started by Mike22, Mar 25, 2015.

  1. joseph1135

    joseph1135 Papa Murphy

    11,340
    27,301
    Nov 8, 2009
    The Highway To Hell.
    0
    Bad idea. Western Express will certainly give him a chance. Carolina Cargo is the worst of the worst. I wouldn't send my worst enemy there.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Bankrobba99

    Bankrobba99 Bobtail Member

    29
    16
    Feb 22, 2014
    Tx
    0
    Your good to go. My brother is head of safety for a logistics co. and he says 10+ years on a DUI is like it never happened for all practical purposes. Most but not all companies see it that way. Good luck.
     
    joseph1135 Thanks this.
  4. joseph1135

    joseph1135 Papa Murphy

    11,340
    27,301
    Nov 8, 2009
    The Highway To Hell.
    0
    I agree. 10 years without another incident shouldn't be held against someone.
     
  5. WitchingHour

    WitchingHour Road Train Member

    3,424
    2,144
    Apr 1, 2011
    Broomfield, CO
    0
    I'm sure there are some who would have no scruples with it, but none who actually will. Insurance, points, etc. The cost to insure someone with more than three points on their license within the last three years increases so exponentially that nobody's willing to do it, let alone when you factor in a DUI/DWAI conviction.

    If their infraction wasn't vehicle-related, the felon is easier to ensure than the person with a recent record of ###### driving.
     
  6. Clamhammer

    Clamhammer Light Load Member

    163
    105
    Mar 24, 2015
    0
    Your DUI and your BAC was over ten years ago no company can go past five years on your MVR. And
    if your record is minor with some distance on any marks. Three or more years you might be ok.
     
  7. alleydock06

    alleydock06 Light Load Member

    58
    37
    Feb 16, 2014
    Northern Calif.
    0
    I agree, you should be good to go. I know someone who had 3, 30 years ago. He is a top driver today. In Calif. DUI's drop off your record after 10 years, as if they never happened, as long as they were misdemeanors. You could always hire a lawyer to get an expungement, but that is spendy, but might be worth the peace of mind and being able to legally answer NO to having ever been convicted of DUI. Through personal experience, don't go by what the driver qualifications or disqualifications state on a job posting, many employers just try to weed out the loser applicants prior to the call. I would find all the companies that interested me, call each one and ask what their criteria is, be totally honest while talking to them, tell them of your past. The worst they will say is no. You will be surprised how many will appreciate your honesty and be more willing to work with you. Make the calls first, then fill out the apps. that show promise. When you do it this way, everything is up front, no getting called into the office 3 months after landing the job and being let go for lying on the application. Good luck, congrats on your sobriety.
     
    406onthego Thanks this.
  8. joseph1135

    joseph1135 Papa Murphy

    11,340
    27,301
    Nov 8, 2009
    The Highway To Hell.
    0
    CSA would beg to differ.
     
  9. kball1964

    kball1964 Bobtail Member

    12
    8
    Mar 31, 2015
    0
    Not true in California as I spent over an hour on the phone with the DMV "Mandantory Actions Unit" yesterday. Buddy of mine is trying to get a job with a local company and somehow they were able to go beyond the 10 yrs with the DMV on him. I figured what the heck, that I'll give it a shot on mine (just to see if it was true) as I had a couple of DUIs in the late 80's and early 90's with subsequent suspensions, etc. Lo and behold, it was all still there. Believe it or not, I had a pretty pleasant experience with the gal who was very helpful (a first with the DMV), and after another 15-20 mins hold time, she came back and indicated that she has "purged" anything that is beyond 10 yrs, meaning, it will all be cleared and will be done within 4-6 weeks. So after an hour and a half on the phone, my end result will be a squeaky clean driving record. You might want to try the same thing with the DMV in your state. As far as expungement is concerned on a criminal record, there is no such thing as an "expungement" or clearing of a criminal record. Through a "Live Scan" or very thorough background check which is usually done with the State Attorney Generals office, all of your arrests will in fact show up. All the way back to the day you turned 18. Here in California, they have a process which is referenced as a PC1203.4 process. If it was a felony, you have to have been off paper and a good ol boy for at least 5 yrs before you can even think of starting the process (and no, you do not need an attorney to do this). What happens is the case gets reopened, the felony dropped to a misdemeanor, your guilty plea gets withdrawn, and the disposition goes from guilty, to the case being "dismissed" pursuant to PC1203.4., which means you will technically be able to answer NO if asked if you have ever been convicted of a felony or misdemeanor (exactly as alleydock said). Kind of puts you in a corny gray area as far as honesty is concerned, as the arrest will ALWAYS be there on a background check via The State Attorney Generals office, but the disposition of the case will show as dismissed. Ive seen applications where they ask if you have ever been "arrested OR convicted" of a felony or misdemeanor....million dollar question is "how do you want to answer THAT ONE"? Lol. Not sure what state you are in, but I'm pretty sure all states have the same or similar process. Check with your local court or court clerk to see what the process is. I had a pretty checkered past and have done all I can do to minimize all the damage I created when young and dumb (including 16 yrs clean and sober currently) and am just making sure all my i's are dotted and t's are crossed prior to spending thousands of dollars and countless hours on schooling, only to find out I'm going to get shot down. My personal challenges will be is anyone going to hire me with the two felonies I had (now misdemeanors with PC1203.4 dismissals) in 1996 and 1999 (one drug related possession charge), and then obtaining my CDL and trying to get a job with no experience. Fortunately for me, I can do the schooling and obtain my CDL and still keep my current job until I am able to pull something off. Good luck with your stuff..........
     
    Last edited: Mar 31, 2015
    alleydock06 and 406onthego Thank this.
  10. alleydock06

    alleydock06 Light Load Member

    58
    37
    Feb 16, 2014
    Northern Calif.
    0
    Great post kball, this has always been a gray area. The arrests may show, but the convictions won't "pursuant to 1203.4 in the interest of justice". If you were to go to a live scan location, get a DOJ report, I'm fairly certain the 10 yr. old DUI's won't show, if you had a felony at least 5 yrs. back it would show as dismissed per 1203.4. As far as the expungements go, if this were to be done then you can legally answer NO to those pesky " have you ever" questions.

    In my perfect world (lol) I would try and get everything cleaned off of my record, but might still be totally up front with the company I was trying to get on with, just so there aren't any surprises later on. I know the mega companies are governed by the insurance companies, but some smaller companies out there carry their own insurance. I know it sounds odd to go to all the trouble to clear your name only to fess up anyway, but it may be worth your sanity to do so. I guess it all boils down to who you are dealing with over the phone or in person.

    Quite honestly, there are so many drivers out there with old crap haunting them and so many companies that are in need of drivers that they are changing their hiring criteria to accommodate those with a checkered past, the one good thing about old skeletons in the closet is time is now on your side. A potential employer likes to see that a person has been clean and sober, and has had no run ins with the law for a long time and honest enough to get out in front of it.

    Bottom line always answer truthfully and be willing and able to back up any statements you make.

    It sounds like you have done a lot of homework on this, so make sure you "CYA" and make it work to your advantage. You deserve to have a good driving job, you've paid your dues. Unless someone has a record of unspeakable offenses, your past indiscretions shouldn't be a life sentence.

    Good luck to all with similar situations.
     
  11. kball1964

    kball1964 Bobtail Member

    12
    8
    Mar 31, 2015
    0
    Thanks for the kind words. Yeah, the DUI's and such definitely do not show up on a DOJ report as they are not actually criminal per se. I just think its a good idea to get rid of it all and CYA just in case someone or company wants to dig any further. I feel pretty optimstic about everything for the most part, as I currently work at a private school and was able to get through all the background clearances finally (not easy to do with 2 felonies and be able to work around kids). Bottom line is keeping your nose clean for a lengthy amount of time, and then hopping thru all the hurdles to clean up the wreckage. My biggest challenge will be obtaining the CDL and hopping out into the market with zero experience. Talked to a buddy of mine today who is a partner in a trucking company, and he said his insurance company is pretty harsh and they absolutely will not allow a hire with under 2 yrs experience. He has some connections and is going to try and get me on board with a small company where I can pay my dues and still make some $, and he said when I get that 2 yrs to come see him and I should be good to go, even with all my old stuff. Been doing my homework on this stuff and I have read tons of horror stories and a little good stuff too. I think I'm gonna be a part of the good stuff and perhaps in a few years Ill have a post that will provide someone with some hope, lol. Thanks again.
     
    406onthego and alleydock06 Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.