Dismissed Felony, Hear Me Out.

Topic 31518 | Page 1

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J P.'s Comment
member avatar

Hey everyone, I’m sure this is everyone’s favorite topic ha. (Sorry!) I’ve read other peoples stories but I don’t see many that tee up with my circumstances. I appreciate any insight/perspective you guys/gals can give me. I’m fine with brutal honesty.

Back in 2004 I received 2 DWI’s (one prior to being 18 one after turning 18) in 2005 I got one more DWI and charged with aggravated fleeing and evading and aggravated assault on a peace officer. Both were felony charges.

I hired an attorney and was able to get the fleeing and evading dropped altogether. As part of a plea bargain for a deferred adjudication and dismissal I plead no contest to the assault charge and the DWI. I successfully completed probation in 2007 and an order of dismissal was filed successfully. I have my rights to vote and own a firearm back, also I have had no issues with the law since that night in 2005.

I’ve turned myself around and have worked at the same company for the last 15 years, starting as an entry level employee and then a manager for the last 7 years. I’m looking to switch careers into commercial driving due to my companies vaccine mandate incoming April 2nd. (I know a lot of people will think that’s stupid of me)

I understand if asked on an application/interview if I’ve been convicted of a felony I can legally say no, I’m also aware that the arrest/charges will show up and very likely the fact it was dismissed will show up on a background check as well. I know I’d be fine with a lot of companies for my MVR since the DWI’s are over 15 years ago and no offenses since then. What I’m not sure of is if felony charges that were dropped/dismissed should be brought up proactively even if I don’t get asked anything else besides if I have any felony “convictions.”

My local trucking school’s assure me it’s fine, however I know they’re going to get paid from me and I’d really appreciate an unbiased opinion from folks who don’t have anything to gain from the answer given. As far as I can tell I’d be eligible for TWIC/HME based off the guidelines on the DHS site.

I’m an open book and can clarify any question you guys have. Thanks in advance for your perspectives/insight! (Sorry for the novel lol)

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

DWI:

Driving While Intoxicated

Pete B.'s Comment
member avatar

Hi J P, welcome to TT and congratulations on your personal growth over the last 15 years. Re: your quandary, I would list the felony charges, even though the felonies were dropped. A company conducting a background check would have a bigger problem with the omission of the charges... dishonesty on an application, even though the circumstances yielded favorable results, would lead to instant rejection. Consider this advice: rather than attending a private school to obtain your CDL , apply to a carrier who has their own CDL school. This will give companies the chance to review your background information and offer you the opportunity to explain the charges and dropping of charges, negating the stress or risk of paying a private school for a CDL and then working through the hiring process. Start with this link: Apply for paid CDL training. There are more carriers that have their own CDL schools, such as Swift, CFI, and Schneider, but this is a start. Best of luck and update us on your progress!

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Anne A. (and sometimes To's Comment
member avatar

A MILLION percent YES from what Pete said, above.

Apply THERE, first ... and see who bites! You may not even (ever!) have to pay for personal school, tbh!!

Wish you the best, as well.

~ Anne (& Tom, the fat guy/driver!)

ps: Pete; it's always great to see you stop in, once in awhile. Hope all is well, good sir. Great post!

Hi J P, welcome to TT and congratulations on your personal growth over the last 15 years. Re: your quandary, I would list the felony charges, even though the felonies were dropped. A company conducting a background check would have a bigger problem with the omission of the charges... dishonesty on an application, even though the circumstances yielded favorable results, would lead to instant rejection. Consider this advice: rather than attending a private school to obtain your CDL , apply to a carrier who has their own CDL school. This will give companies the chance to review your background information and offer you the opportunity to explain the charges and dropping of charges, negating the stress or risk of paying a private school for a CDL and then working through the hiring process. Start with this link: Apply for paid CDL training. There are more carriers that have their own CDL schools, such as Swift, CFI, and Schneider, but this is a start. Best of luck and update us on your progress!

Oh yeah, THIS:

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
J P.'s Comment
member avatar

Thank you for the reply!! I absolutely was not going to be dishonest or lie on any application. I just was planning on not volunteering information if they didn’t ask. If the best course of action would be to volunteer/explain proactively I’m okay with that too. It’s not like they won’t see it either way. Thank you for the well wishes and your perspective!

Hi J P, welcome to TT and congratulations on your personal growth over the last 15 years. Re: your quandary, I would list the felony charges, even though the felonies were dropped. A company conducting a background check would have a bigger problem with the omission of the charges... dishonesty on an application, even though the circumstances yielded favorable results, would lead to instant rejection. Consider this advice: rather than attending a private school to obtain your CDL , apply to a carrier who has their own CDL school. This will give companies the chance to review your background information and offer you the opportunity to explain the charges and dropping of charges, negating the stress or risk of paying a private school for a CDL and then working through the hiring process. Start with this link: Apply for paid CDL training. There are more carriers that have their own CDL schools, such as Swift, CFI, and Schneider, but this is a start. Best of luck and update us on your progress!

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
PJ's Comment
member avatar

Welcome. We all have mistakes in our past. Sounds like you learned from yours and turned your life around. Apply to companies with their own schools. They will do the work and if they take you they give you a job at the completion of school.

All companies have their own hiring criteria. Some will reject you on the dui’s even though they are old, some will overlook them due to the age. As far as filling out your app’s. Read the questions carefully and answer honestly. There is a big difference between have you ever been arrested for and have you ever been convicted of. Also the time frames are critical. If it says ever, it means lifetime. If it says in the past 10 years that is all you have to list.

As far as you changing jobs because of the vax mandate that is a personal choice you make for yourself.

DUI:

Driving Under the Influence

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