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Gravitycollapse

(8,155 posts)
Thu Mar 6, 2014, 11:01 PM Mar 2014

How bad is having an arrest record/misdemeanor conviction if I'm applying for a state job?

The charge and plea deal were for criminal speeding which is a misdemeanor. The city prosecutor did not offer any diversion program or traffic school and said I would lose if I fought it in court. This was less than 12 months ago.

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How bad is having an arrest record/misdemeanor conviction if I'm applying for a state job? (Original Post) Gravitycollapse Mar 2014 OP
Not familiar with 'criminal speeding.' elleng Mar 2014 #1
I am an attorney, but not your attorney. So I will only offer a general suggestion-- msanthrope Mar 2014 #2
I haven't applied yet. I'm worried about background checks. Gravitycollapse Mar 2014 #4
This is why I suggest you do not lie. Were you arrested, given a ticket? msanthrope Mar 2014 #5
I did not go through the normal motions of an arrest but I was arrested legally. Gravitycollapse Mar 2014 #8
Okay--you were detained and given a citation? What information is being requested of you? nt msanthrope Mar 2014 #12
My question is not for a specific application. I just remembered my criminal history... Gravitycollapse Mar 2014 #15
Okay--pm me if you have a specific question, and presume that you are "in the system" msanthrope Mar 2014 #19
Thanks for the help. I'll keep you in mind. Gravitycollapse Mar 2014 #27
When is an officer given the authority NM_Birder Mar 2014 #35
No one asked you to come in here and accuse me of lying. Please go away. Gravitycollapse Mar 2014 #37
what ? NM_Birder Mar 2014 #34
I'm not making any of this up. Please don't accuse me of lying. Gravitycollapse Mar 2014 #36
fair enough. NM_Birder Mar 2014 #39
This LittleBlue Mar 2014 #7
Usually not bad. But it depends on the job. rug Mar 2014 #3
If the job involves driving as part of the job VScott Mar 2014 #6
If you disclose it you should be fine. Puzzledtraveller Mar 2014 #9
Usually it's not automatically disqualifying meanit Mar 2014 #10
Correct. Being over 50 years old? Now,THAT is automatically disqualifying in today's job market stopbush Mar 2014 #30
That's very true. meanit Mar 2014 #31
"Crimimal Speeding?" Atman Mar 2014 #11
Well, how fast I was actually going is a matter of debate. Gravitycollapse Mar 2014 #13
I got tagged Aerows Mar 2014 #23
I found a bit of info on it in AZ, here yougo uppityperson Mar 2014 #14
In Louisiana Aerows Mar 2014 #24
Full disclosure. Not getting the job is LIGHT YEARS better than getting it and then getting fired. cherokeeprogressive Mar 2014 #16
all the job apps i've seen are only worried about felonies, i think you're all set. dionysus Mar 2014 #17
How about writing "speeding ticket" as the answer to the question in the form? Nye Bevan Mar 2014 #18
Good suggestion, imo. elleng Mar 2014 #20
I work for a state agency in Texas, and any moving violations would only be a problem for us Lisa0825 Mar 2014 #21
Have you checked the State requirements? brooklynite Mar 2014 #22
The answer is no more so than applying for a private industry job and arguably less Major Nikon Mar 2014 #25
I'm having a hard time wrapping my brain around this one Art_from_Ark Mar 2014 #26
LOL DashOneBravo Mar 2014 #28
Which state? In some, it's governor material jberryhill Mar 2014 #29
May not be a problem at all vankuria Mar 2014 #32
Just to underline what other posters have COLGATE4 Mar 2014 #33
Depends on the state and the job Blue_Tires Mar 2014 #38
Answer yes, if they ask if you've been arrested, and write MineralMan Mar 2014 #40

elleng

(130,948 posts)
1. Not familiar with 'criminal speeding.'
Thu Mar 6, 2014, 11:05 PM
Mar 2014

and I suspect the effect would depend on job and potential employers. They probably have some discretion.

 

msanthrope

(37,549 posts)
2. I am an attorney, but not your attorney. So I will only offer a general suggestion--
Thu Mar 6, 2014, 11:05 PM
Mar 2014

Do not lie.

Look at the form, carefully. What does it ask?

Does it ask if you were arrested?

Convicted of a felony?

Charged?

Gravitycollapse

(8,155 posts)
8. I did not go through the normal motions of an arrest but I was arrested legally.
Thu Mar 6, 2014, 11:12 PM
Mar 2014

In other words, the police told me in the parking lot I was under arrest, read me my miranda rights, took a finger print, wrote me the ticket and let me go.

Gravitycollapse

(8,155 posts)
15. My question is not for a specific application. I just remembered my criminal history...
Thu Mar 6, 2014, 11:21 PM
Mar 2014

As I was searching for state jobs.

I was technically arrested but really only detained on the side of the road.

 

msanthrope

(37,549 posts)
19. Okay--pm me if you have a specific question, and presume that you are "in the system"
Thu Mar 6, 2014, 11:44 PM
Mar 2014

as far as background checks are concerned.

 

NM_Birder

(1,591 posts)
35. When is an officer given the authority
Fri Mar 7, 2014, 12:50 PM
Mar 2014

to release a suspect, once he is read his Miranda rights and placed under arrest?

Read his Miranda rights, fingerprinted and then issued a speeding ticket and released ? .... in the field ?

"detained" ? seriously ? what state do you practice law ?

 

NM_Birder

(1,591 posts)
34. what ?
Fri Mar 7, 2014, 12:46 PM
Mar 2014

He read you your Miranda rights, took a fingerprint....and then let you go ?

Once under arrest, the officer does not have the authority to release you on site.
How exactly did the officer take your fingerprints.

This type of fabrication will sink your chances in even a low level background check, ....... what is it you are not telling. And why are you making part of this up ?


 

NM_Birder

(1,591 posts)
39. fair enough.
Fri Mar 7, 2014, 02:19 PM
Mar 2014

he read you your rights, scanned your fingerprint to verify you were who your licence said you were, then placed you under arrest, ..... and then let you go.

Along with the speeding ticket, what else did he give you ?

 

LittleBlue

(10,362 posts)
7. This
Thu Mar 6, 2014, 11:12 PM
Mar 2014

Never put something down on a piece of paper that could be construed as a lie. It's one thing to say a lie, it's another to have your lie in writing.

As she says, tell the truth but don't volunteer anything.

 

VScott

(774 posts)
6. If the job involves driving as part of the job
Thu Mar 6, 2014, 11:10 PM
Mar 2014

You would have a problem.. ie: "must have a clean driving record" in the job description.

Other than that, I wouldn't worry about it too much.

However, when there are 500+ applicants for the same position, there's no telling what they take into consideration.

Puzzledtraveller

(5,937 posts)
9. If you disclose it you should be fine.
Thu Mar 6, 2014, 11:12 PM
Mar 2014

I was 33 when I was hired on Louisville Metro Police Department and had a DUI 1st offense when I was 20. I was upfront with it from the very beginning. Severity of the conviction, the time between and how you have been since said conviction matters. With me, I was in the Air National Guard when the DUI took place. I was in school, stayed in school and finished, stayed out of trouble.

meanit

(455 posts)
10. Usually it's not automatically disqualifying
Thu Mar 6, 2014, 11:12 PM
Mar 2014

if you have a record. Just be candid and list the facts if they ask on the application. Trying to omit it or cover it up is what can sink you. Most background checks are done before a job offer is made.

stopbush

(24,396 posts)
30. Correct. Being over 50 years old? Now,THAT is automatically disqualifying in today's job market
Fri Mar 7, 2014, 03:09 AM
Mar 2014

as is being unemployed for over 6 months.

meanit

(455 posts)
31. That's very true.
Fri Mar 7, 2014, 08:02 AM
Mar 2014

But a state job may be one of the few places that may actually hire someone in that age bracket and economic circumstances.

Atman

(31,464 posts)
11. "Crimimal Speeding?"
Thu Mar 6, 2014, 11:13 PM
Mar 2014

How fast were you going???

AFAIK, these type of offenses aren't considered serious. Real felonies, serious bad stuff, that's what they look for. Hell, the HR director might have a misdemeanor on his/her record. They're looking for real bad guys. If your resume is otherwise okay, be up front and be strong.

Gravitycollapse

(8,155 posts)
13. Well, how fast I was actually going is a matter of debate.
Thu Mar 6, 2014, 11:17 PM
Mar 2014

I was definitely exceeding the speed limit but do not personally know exactly by how much. The officer measured my speed by pacing, which is never totally accurate. He told the court I was going 62 in a 40.

However, I had just exited a 45 mph zone by less than half a mile. It was very late at night and I was on my way home on my motorcycle after a long evening at work.

 

Aerows

(39,961 posts)
23. I got tagged
Fri Mar 7, 2014, 12:13 AM
Mar 2014

for going 66 in a 40 mph zone because there was an abrupt construction zone on the GNO bridge (Crescent City Connection, I guess it is called now).

It was like 5:30 am (I hadn't been drinking or anything like that). That was a hell of a ticket and they threatened to take my driver's license, but of course, after getting hit with a $500+ (this was two decades ago), and going to court it was resolved.

I guess it depends on where it happens. You would have had to have the braking skills of a NASCAR driver to avoid that speed trap. There were a bunch of people lined up to the side that were blowing in breathalyzers that got caught in the same place I did.

Anything over 25mph over the speed limit is considered reckless driving.

I went to court and it was dropped to just a ticket for 14mph over the speed limit.

uppityperson

(115,677 posts)
14. I found a bit of info on it in AZ, here yougo
Thu Mar 6, 2014, 11:19 PM
Mar 2014
http://www.jacksonwhitelaw.com/criminal-defense-law/2011/03/21/can-i-go-to-jail-for-criminal-speeding-in-arizona/
However, criminal speeding tickets can be issued in these common cases:
When a driver exceeds 85 mph anywhere in the state
When a driver exceeds 35 mph while near a school crossing
When a driver exceeds a posted speed limit by 20 mph in a business or residential area
When a driver exceeds 45 mph when no speed is posted in a business or residential area
If you’ve been pulled over during any one or more of these situations, you could face criminal speeding charges that can affect your ability to drive, and if you have more than one criminal speeding charge, the penalties can be even greater. Additionally, you can be charged with other offenses, like reckless driving, while also being charged with driving excessively over the speed limit.
 

Aerows

(39,961 posts)
24. In Louisiana
Fri Mar 7, 2014, 12:16 AM
Mar 2014

it's exceeding 25mph over the speed limit and becomes reckless driving. I found that out the hard way with a speed trap/abrupt construction notification. It may have changed by now, but that's what it was when I was crossing the bridge and got caught in a speed trap that had like 2 seconds of notification. There were like 4 people lined up getting arrested for DUI. I hadn't been drinking or anything but I got hit with a massive ticket. Of course, this was two decades ago.

At any rate, I went to court to fight it, and it was reduced to a simple speeding ticket.

 

cherokeeprogressive

(24,853 posts)
16. Full disclosure. Not getting the job is LIGHT YEARS better than getting it and then getting fired.
Thu Mar 6, 2014, 11:31 PM
Mar 2014

I wish you all the best.

Nye Bevan

(25,406 posts)
18. How about writing "speeding ticket" as the answer to the question in the form?
Thu Mar 6, 2014, 11:42 PM
Mar 2014

Accurate (you did indeed get a speeding ticket) but without going into too much detail.

Lisa0825

(14,487 posts)
21. I work for a state agency in Texas, and any moving violations would only be a problem for us
Fri Mar 7, 2014, 12:00 AM
Mar 2014

if your job involved driving. Otherwise, it would almost certainly not be an issue.

Major Nikon

(36,827 posts)
25. The answer is no more so than applying for a private industry job and arguably less
Fri Mar 7, 2014, 01:57 AM
Mar 2014

Criminal records, and particularly misdemeanors are a potential policy trap for employers because if there is no nexus between the crime and the job requirements, the employer is opening themselves up to equal opportunity liability since certain protected classes are disparity affected by the justice system.

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

Art_from_Ark

(27,247 posts)
26. I'm having a hard time wrapping my brain around this one
Fri Mar 7, 2014, 02:09 AM
Mar 2014

A criminal record for a single, victimless moving violation?

 

jberryhill

(62,444 posts)
29. Which state? In some, it's governor material
Fri Mar 7, 2014, 02:54 AM
Mar 2014

Although you might want to get a few felonies under your belt, to make sure you have what it takes.

vankuria

(904 posts)
32. May not be a problem at all
Fri Mar 7, 2014, 08:35 AM
Mar 2014

I worked for N.Y.S. for many years, worked with a variety of folks, and some did have arrest records. Be honest on your application, I know New York does a finger print check as well for everyone after they're hired. The appl. you fill out is only the first step, I would think after your appl. is accepted you would be taking a civil service exam and your hiring would depend on your score.

Good luck!

COLGATE4

(14,732 posts)
33. Just to underline what other posters have
Fri Mar 7, 2014, 11:53 AM
Mar 2014

told you, whatever you do don't lie. You can probably explain the charge and the circumstances to a prospective employer but if they catch you lying on your application, game's over.

Blue_Tires

(55,445 posts)
38. Depends on the state and the job
Fri Mar 7, 2014, 02:13 PM
Mar 2014

It won't be that bad as long as you're upfront and honest about it...

I have a friend who got a security clearance and is working at a navy base, and he had a pretty shaky history in his younger years...

MineralMan

(146,317 posts)
40. Answer yes, if they ask if you've been arrested, and write
Fri Mar 7, 2014, 03:06 PM
Mar 2014

"Speeding ticket, 2013" as an explanation. They'll look it up. I doubt if it will make any difference.

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