Its not the downloading of a torrent, its the file sharing of copyrighted materials. That is where the conviction comes from, I honestly dont think its just from a movie either. Ive got several friends who have copyright convictions and not one of them was a felony. For one exception, the guy who downloaded a very expensive operating system, then created a crack/hack with multiple serial codes and then uploaded that program over peer to peer sharing services. THAT will get your butt convicted, specially when its a program such as Windows Server 2008. Where people go wrong in file sharing is when they download things from PUBLIC torrent sites, and then leave those torrents open for seeding. If more people were smart and used a private torrent site they would have less issues, but then again, like anything, common sense is devoid of modern man.
Id love to know for sure what exactly the OP downloaded and if said site was a public site such as The Pirate Bay, MegaUpload, or any of the other public sites.
pending felony conviction not drug/alcohol related
Discussion in 'Questions From New Drivers' started by bmovers, Jul 3, 2014.
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Most trucking companies look at felonies on a case by case basis. Felonies, misdemeanors, DUIs, major traffic violations (e.g. excessive speeding, careless driving), all of these are usually considered and evaluated by a trucking company's safety department and insurance company. Personally, I would disclose the pending charge if I were you. Reason being you might wind up being let go for not disclosing. Just because you quickly moved through the process of being hired before the charge hits your record doesn't mean you are in the clear. Worst case scenario you get caught during the screening process, before which you didn't disclose the pending charge, and now might be viewed as deceitful. You could have that follow you and become a thorn in your side for any other company you apply to. There's a reason companies ask whether you have a felony on your application. It's not magically excused or not considered just because you applied and were hired before being convicted. You could find yourself out of a job, possibly not hire-able for a few years, and maybe in debt depending on how you obtained your license - i.e. in debt w/o a trucking job to pay it back.
I'm not trying to be a downer. I'm trying to look at the worst case scenario for you so you're not put in a bad situation. I don't know what companies you're interested in or whether you plan on going to company-paid schooling or private CDL school. A "safe" route would be to look into a company-paid schooling, e.g. Prime Inc., where if you're cleared to attend their school, you're basically being given a job after your schooling is complete.
Be upfront about your pending charge. Better to cover all your bases no matter what you do. I know of drivers that had to wait a few years in order for a charge like a DUI to have 5 years removed from the conviction date, in order to become hire-able and start their trucking career. It's a setback for sure, but not something that will prevent you from a career in trucking. You might have limited opportunities, but you'll still have a shot w/ 1 felony. Better to disclose and then be patient.bmovers Thanks this. -
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Just realize that a copyright/IP charge is a FEDERAL felony.
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jbatmick Thanks this.
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"Be careful. We had a guy in a similar situation, his was IP fraud and he didn't disclose his conviction because it was considered pending, he was convicted but not sentenced. The company as part of its due diligence did a full back ground check and consider this as lying on the app, fired the guy and I think had it put on his DAC report. I don't think it was fair but on the other hand, if you are in the sentencing phase, it is pretty much a conviction."
If that was my situation and I was that far along, then I of course would have put it on my application as a conviction. I have not yet entered my guilty plea, so there has been no conviction yet.
First comes the plea, then the conviction, then the sentencing. I am not at that point yet.Last edited: Jul 4, 2014
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Thanks again for all the replies. That is correct this is a federal felony. I am under the impression that I don't have a chance of this being dropped down to a misdemeanor, but I could be wrong. I may learn a lot more next week.
Another question I have, is if most companies do stick by the 5 year old felony rule, is it usually looked at 5 years from conviction? This happened 2010-2011. It's been over 3 years already. But my conviction will not happen until the end of 2014.
I am strongly leaning towards a 4 week - 172 hour community college program. I'd start August 4 and I would have my CDL by labor day. It will cost $5000. -
Some will look at conviction date. Others will look at time from when sentence...including probation...was completed
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Fatdaddy is correct. It all depends on the company's policy. OP, I can't stress enough how prudent it would be to make sure you will be hire-able BEFORE you commit to a driving school and lay out that cash. Even if you get financial assistance, if you are not hire-able when you graduate or shortly thereafter, you might be in a scenario where you'll have to go back to school again or take a refresher course if you can't find a trucking job right after school. There is a 'shelf life' to a new CDL A if you haven't been using it. Heck, there's a shelf life for any CDL A if not being used - for most companies.
I'll say it once more. Find some companies you're interested in, and disclose the pending charge. See what they say. I'm sure you'll have some jobs available, e.g. dump truck, garbage truck, perhaps a mom & pop operation depending on where you're located, but the majority of your OTR opportunities or even LTL companies might not consider you for employment until you have some time elapsed from either your conviction date or from the date where any sentencing / time served is completed. And here's another twist, if you wanna go OTR but can only land a dump truck job due to your charge, by the time you get some time away from your conviction date and go to apply to an OTR outfit, they might not count your dump truck, or even local tractor trailer experience as the experience they want to see - viz. OTR experience.
Maybe there are some companies out there that won't be as concerned with your pending charge. Point being, don't you think you should get some solid info and answers on this without making assumptions? You won't get solid answers without speaking to some potential employers. I think the worst thing you could do is be in the dark, and just sort of hope for the best. It's your future. I wish you the best!bmovers Thanks this. -
Here's another suggestion, ask the community college instructor or guidance counselor about your pending charge and if that'll hinder employment for you. Take the answer w/ a grain of salt. The best ppl to speak w/ will be the companies you want to work for. Worst case scenario, you wait 3 or 5 years. Think long-term.
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