need help for new driver-felony issues

Thank you for your thoughts Jimbo. I know you mentioned his release date in 2002 is recent, but his release date doesn't show up on the background checks only the conviction date in 1992 does. In fact the background checks don't even mention anything about how long his sentence was or anything, just the date of conviction and the charges. Since all that was 18 years ago it wouldn't seem a 7 or 10 year check would catch them. Only lifetime checks would, since even going back to age 18 for him would be 1993 a year after conviction.

Since we've been married I've done a fair amount of research on the offender registration laws of other states. Most states don't require an out of state offender to register with them if they're not relocating permanently unless the stay is extended for several weeks. The exception to that would be if it's a requirement to do so as a stipulation of probation or parole, neither of which would apply for my husband since he never was on either of those. But you are right, even though most states require a registrant to check in once a year and make sure all the info is updated, this is based on the fact that the sherriff can drop by at any time and make sure you live where you say you live. If you have a job that requires you to be away from home more often than you're there, they might set up some type of "check in" situation that would need to be looked into when we do choose a state for him to "move" to (with all assumptions and hopes pinned on him actually being able to get into something somehow).

I know that regardless of the industry his background is going to work more against him than for him. I hate to say it but it's the reputation the trucking industry has among commoners that it employs seedy people that gave us a ray of hope that he could get in there and use it to help better his situation. We want to try to apply for a pardon if we can at some point, but part of the request for a pardon is showing you've been able to work and be stable, so it's like a circular vortex b/c the fact of the background prevents attaining that.

 

KC you made a great point which should've been up in the front of my mind. If he can't get a job in the industry the WIA trained him for they are still responsible for helping in anyway they can after approving him for services. And I know that the trucking school he's at offers placement help to students even years after graduation if they find themselves out a job, so they must have some extended resources to be able to do that. All of you have been very helpful, and everything you share I am taking and going to hash out w/my husband in coming days so we can make sure we are doing the best thing to help advance him. I know he just called me and said he passed his permit test he just took today and the DMV guy said it's the first time in a long time he's gotten someone pass it on a first take. I know he's happy about this so I don't want to load him down with grim outlooks after that!

 

It's nice to see that you've done some research on the legalities of his situation.

I think now you need to do some research on the forum here. The current state of the economy has caused a huge influx of otherwise displaced workers into the trucking industry.

Because most people believe;

1) that anybody can do it

2) that there is a driver shortage so they will take anybody

3) That the pay is decent

Whether these points are true or not the fact is that there are more applicants now than the industry has seen in years. A high percentage of these applicants are of the "squeaky clean background" variety. i.e. no criminal history, perfect driving records, previous job stability and, in many cases college degrees.

So with all other issues aside. This is the group that your husband will be competing with for every job that he applies for.

One other thing. You seem to be pinning a certain amount of hope on the idea that his history may not show up on a background check.

This board is rife with stories of people who have gone to a company orientation for new hires (sometimes several miles from home) and after being in orientation for a day or two the are "disquaified" for a background issue that the company didn't see before and, the applicant didn't disclose on their application.

At that point the applicant is usually tossed out and is responsible for their own transportation back home. In other words the company leaves them on the street.

Lastly there's a thing called a DAC report, issued by a company that's called Hireright. It's sort of like a credit report for driver's employment records in the trucking industry. Even if he gets past all of the other b/s all he has to do is make a small mistake and - the company could terminate him and put a negative remark on his DAC. That and his past (BTW if they fire him because of undisclosed information about his past - that will be on his DAC) will insure that he probably never gets another trucking job.

Having said all of that. I would still recomend that he gets a CDL. Because there are a few companies that run trucks that have little to do with the trucking industry. Construction is one. He may not get a driver's job right away but, the CDL is a "bullet point" on his resume.

JMHO

......... Jim

 

Don't know the legalities of the OTR issue related to registration, but being in GA, perhaps he could find an intrastate position (running only in GA).

It'll be a numbers game, though....just keep at the search. And I concur that at least getting the CDL is a good idea.

 

jimbo, yes I do have to admit my ignorance about this forum and the trucking industry as a whole. I am just as new to it as he is and if you were to tell me this is research that we both should've done before he chose this as a career path, you'd be right. However now it is what it is and in the spirit of backpeddling we're doing the best we can to give his future it's best prospects now that the journey has already begun.

Since my posts this morning I've been doing more research myself and have to agree with you, that the hopes of getting a job were based on his background not being discovered, and of course in the restaurants he previously worked with there were times this could actually happen if they only went back less time than his conviction was. There was no central thing like a DAC that all restaurants used for cross referencing. But now that's not the case in this line of work, and I'm going to have to break all this "news" to him this evening and urge him to start off with the honest approach and hope for the best, because you're right, he's going to have to show himself as something worthy against that and against the other applicants w/no background issues.

 

Lots of activity on this thread! This means that it IS being taken seriously and we are trying to help you.

OK, in rethinking the registration deal, it is my understanding that as long as he is registered at his address of residence, he should be in compliance. Check with the agency that he is registered with to find out for sure.

Now as to the aggregate companies being "local trucking." Yes, they are, but they are not what is normally thought about when somebody thinks of "local trucking." Most drivers think of local work as working for a less than full load company, and doing pickup and delivery. These are your common carriers and package delivery services. Read that to be Fedex, UPS and the like. There are many other LTL's out there as well.

Something else to think about is the solid waste industry. Every place needs somebody to drive the trash trucks.

Neither the aggregate companies nor the waste companies are the "first choice" of many drivers. And in a lot of places, these companies will not require ANY OTR experience. I've known aggregate companies to take a decent employee who was doing something else and actually help him get his class A license.

Most of these jobs have decent pay. They work long hours, and he will "get his hands dirty." There may or may not be benefits. But it is a job! And both offer a certain amount of possibility for advancement to the right individuals.

Also if there are any heavy construction jobs on in your area right now, he might get hired on there as a driver. Whether it is moving dirt, or driving a water wagon, again, it is a job.

There are jobs out there that he should be able to get, with his CDL. I hope he will complete his schooling and "go for it!"

 

Big Don, funny you should mention sanitation. I was talking to him night before last about the home time issue, because i was reading all the posts on the werner thread and saw all the horror stories about not getting home time or getting it infrequently, and mentioned to him that if he wanted a job w/guaranteed and reliable home time he would have to do something like that....to which he answered he would be glad to! He really doesn't care what he gets into, he just wants to make an honest living but as you can see there are so many veins in the industry it's hard to sort out which are viable options for him and which are not. And this not only because of the background issue but because of the lack of experience he will have after graduating!

So with that being said it was very helpful to have you mention that the ones you mentioned aren't going to be big on requiring lots of OTR time. That is invaluable information when we discuss our next steps this evening.

 

Well ... don't give up LOL. We are giving you the best, objective, picture that we can. It just ain't pretty.

What Don said above about aggregate and solid waste is right on the money. So like I said earlier him having a CDL is a benefit no matter how you look at it. Heck, even septic pumpers in my area make around $13 bucks an hour.

Now that you've got the idea about DAC - know that not all companies use it, for various reasons mostly it is a subscription service so some smaller companies choose to not pay the fee. The big training companies almost universally use it though.

Kudos on your research and his determination to improve his situation.


............... Jim

 

Your Quote

"With the way the laws have changed on HAZMAT endorsements, to get his HAZMAT, he is going to have to go through a background check by the state that issues his license. It will certainly come out there, even if the employer doesn't find it for themselves. MOST common carrier trucking companies require the HAZMAT endorsement, due to the diversity of what they carry."

So if indeed you have received a hazmat endorsement, most issues with a past felony (over 10 years) wouldn't show up in a background check that a company will do?

 

Check with your state laws, sometimes one can get a post conviction relief and expungement of past felonys just for this very reason, unemployability. I would suggest though to seek an attorney who is well informed in this area. Good luck to you.