student with a background issue..

Discussion in 'Questions From New Drivers' started by rick263, Jul 25, 2007.

  1. lifesafight

    lifesafight Light Load Member

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    Jul 15, 2007
    East Orange, NJ
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    If you get hired by a OTR company please post it in this thread. I don't have a criminal record but I have been convicted of two violations (in New York a violation is not a felony or misdemeanor and is not a crime). CRengland is having their saftey people check me out and I should know in a day or so. My lawyer told me that I can not be denied a job because of this and if I do to call her because I can sue. I hope England does not mix up a violation with a misdemeanor.
     
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  3. rick263

    rick263 Bobtail Member

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    Jul 25, 2007
    miami, fl
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    i lived in NY for half my life, not sure what type of violation you are referring to. all i know about is violations of probation, which is part of a sentence... if you were not adjudicated or convicted of a crime, no worries! good luck with CRE...
     
  4. lifesafight

    lifesafight Light Load Member

    109
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    Jul 15, 2007
    East Orange, NJ
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    Well I was arrested twice in 2005 and 2006. In 2005 I was charged with assault in the third degree and harrassment in the second degree as far as I know. The deal the judge gave me was that if I did an anger management class I would go free with no criminal record. This is a violation i.e. not a misdemeanor, not a felony and not a crime. The second time I was arrested for assault in the third degree, harrassment in the second degree and endangering the welfare of a child as far as I know. The endangering the welfare of a child part was dropped. The judge gave me a similar deal. Do a program and go free with a violation. I did no jail time, no probation, no parole, just a surcharge and a program. The lawyer I had the last time told me that if I'm denied a job I can sue because I don't have a criminal record. At any rate crengland rejected me on the basis that I was convicted and I pled guilty. To them it looks like a misdemeanor I quess. They say no misdemeanors in the past five years. I sent them court dispositions and all. Their saftey department rejected me. So far I've been rejected by Schnieder national, Lisa motor lines, and Crengland. There are not many local jobs in New York City if you have no experience. I applied at JFK airport and on wensday I'll find out what's up with that. The problem is these truck are automatic so you get stick experience and they pay a little bit of money (450 weekly/40 hrs). If anyone knows of a company that may take me feel free to let me know. I may have to go back to driving taxi and then I'll be done because it is almost impossible for me to drive taxi in New York City and not get tickets. My license is clean now, I have tank, hazmat and doubles endorsements. I even have the DOT phyiscal card but now one will give me a break. :?:
     
  5. digidriver

    digidriver Bobtail Member

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    Oct 18, 2007
    Spokane, WA
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    I have felonies from 1983, 24 years ago. My last charge was posession of a controlled substance in 1990, perscription meds w/o a perscription (just dumb, hurt my back, got some meds from a friend).

    Now you'd think that since my last criminal conviction was 17 years ago, it wouldn't be a major issue, but I'm running into many roadblocks. Several companies have flat out turned me down, citing the felonies as the reason.

    I'm graduating this week from driving school, and hope to have a job secured soon. What worries me most is heading to orientation somewhere in BFE and because some recruiter did not check my background before I got there, I get denied a job and have to find my own way back home.

    My advice to anyone with a felony conviction, no matter how far in your past it is, be honest. Don't just list the felony, list any circumstances, and what steps toward rehabilitation you have completed. You will still get rejected by many, but there are bound to be those who will still hire you.

    The recruiter from Swift said it would be no problem:biggrin_25510: but who wants to work for Swift?!?

    Anyone who has had felony convictions please respond with who you were able to get employed with and what kind of steps you took to get there. It would really help us ex-cons who have changed our lives but still find our debt to society is unpaid.
     
  6. rdmstrg

    rdmstrg Bobtail Member

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    Oct 26, 2007
    Middleton, TN
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    I'm going to school soon got 2 duis,possesion,illegal firearm,all misdemeanors 20 years ago somebody will hire me. Don't give up good luck.
     
  7. TruckingPopeye

    TruckingPopeye Bobtail Member

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    Oct 30, 2007
    Kentucky
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    As a driver that has been recruiting for a few years, I will tell you what the companies I know mean when they say no serious felonies.

    No felony conviction at all for the last __ years (companies vary as to length average is 1-5 years)

    No serious felony ever (includes felonies that included: drugs/weapons/sexual/assault crimes) hope this helps.
     
  8. GasHauler

    GasHauler Master FMCSA Interpreter

    6,256
    4,310
    Oct 23, 2005
    Vegas/Jersey
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    I worked for a large oil company which was the best job I ever had. On their applications they ask if you've ever been arrested. There's no dissemination between felonies or misdemeanors with some companies. And the better the job the more stringent the hiring requirements. Lifesafight, I think your lawyer is wrong. A company can turn you down for any reason they choose. All they have to say is they hired someone more qualified. I don't know how you consider your crimes a violation but I'd bet they are on your record. You apply for a gun permit and they'll come up.

    The best anyone can do is tell the truth on the job application. If they hire you and you lied they will fire you and that will go on your DAC or someother type of reporting agency. You'll have trouble with that when you don't need it. If I were you I'd just tell the truth and list your "violations" and hope for the best. There's a chance that some company will hire you and that can be your chance to make your record look good. It will be imperative that you build your experience with a clean driving record so you can move up to better companies. Good Luck.
     
  9. rick263

    rick263 Bobtail Member

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    Jul 25, 2007
    miami, fl
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    great info on this thread... thx all! i am currently driving t/t and straight truck flatbed for a drilling company. all they were concerned about was a clean CDL, as its a smaller company. its hourly pay, plenty of overtime, and work thruout FL. the only drawback is when you arrive on site, you are the "helper" that humps all the materials around, and its physical, dirty work. :biggrin_25512: i guess i have to pay my dues and let some time go by... like someone already mentioned, a good company may restrict hiring for YEARS based on convictions. its an insurance requirement oftentimes...
     
  10. Pur48Ted

    Pur48Ted Road Train Member

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    5,974
    Jun 14, 2006
    Grand Rapids, MI
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    It is my understanding that it is ILLEGAL for a company to ASK if you have ever been arrested, but that they CAN ask if you have ever been convicted. Many times, a person ARRESTED for a crime is NEVER CONVICTED of that crime or ANY crime.
     
  11. TruckingPopeye

    TruckingPopeye Bobtail Member

    12
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    Oct 30, 2007
    Kentucky
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    You are right about the "arrest vs. convicted" question.
     
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