Interviews With A Not So Clean Driving Record

[Av8tor91]

I was just recently into my second week of training with one of the fractional when human resource asked me to resigned for having a suspended driving license from 3 years ago. I was speeding 10 miles over the limit (55 on a 45 zone). Although, I was never convicted of DUI nor reckless driving, but my driving record remained with a suspended driving license for an alcohol level of .08 or above. Prior to this, I've only had one speeding ticket on my driving record. I did not brought up the suspention subject on the application nor the interview. Simply because in both scenarios I was asked, "If I've ever been convicted of DUI?" I answered "NO" to both. Which is the truth.
I would like to get some opinions how this is going to affect me in the future with the airlines. Any replies will be greatly appreciated. Thanks.

 

[xrated]

On most apps I've seen they ask if your drivers license has "ever" been suspended or revoked. While a suspended drivers license doesn't seem to be as serious as a DUI, its still a pretty big deal with aviation companies. Sounds like you learned a lesson a very hard way. At any interview, you'd better dust the ole skeletons off cause they WILL find out. I've heard of quite a few people having some pretty serious dings on their records. But because they aired it out in the interview, were able to talk about it and convince they learned from the mistake, they got hired anyways. Even though they didn't ask in the interview, it's probably a good idea to tell. If it is the sort of thing that is an instant disqualifier, better to find out the day of the interview instead of weeks later.

The question is, is there a paper trail that says you were hired at the fractional? Was it official or is it one of those deals where you weren't really hired until you passed a check ride? If you were hired, you might have to explain to a future employer why you resigned after two weeks.

 

[vetteracer]

Having researched my driving record recently, I found out this, THEY WILL FIND OUT EVERRTHING.

I have a clean NDR report, nothing, nada.

My state record is clean, nothing, nada, but that only goes back 3 years.

Went to the Clerk of Courts office in the County that I have resided in my whole life and they had everything from the Exhibition ticket I received when I was 14 years old to the last ticket I received for no seatbelt. Plus all convictions, underage alcohol possession when I was 16, etc. Never spent a day in jail in my life, but if you paid a ticket, you were convicted.

Almost all the applications ask you to identify the COUNTY that the offense occurred. So they are going to get the Clerk of Courts document that are available to anyone who asks for them and pays the $15.00 fee.

All this will be on the FBI report as well, they request that as well.

Mark

 

[88_MALIBU]

Guys, maybe you could help me out. I was in Sturgis at the rally two years ago and got pulled over. No taillight... Anyways, I never really took the test for a motorcycle license which is apparently illiegal. (Go Figure). They say "pay the ticket here ($88), or go to jail." I tell them I only have $44 on me, and away I go to the clinker. Besides spending the night with cocomo joe and hells angels, can I expect some bad heat from an interviewer? It is a good story while at the bar, but I dont think an interviewer would like it. IE: operating without a license.

 

[skykid]

You must be completely honest in the interview. It doesn't mean you have to bring it up. The most important thing is to spin in what you learned from the incident and how your record has improved, yada yada. I had to explain several tickets and a 'D' in differential equations & matrix algebra. They are looking for you to take responsibility. A buddy of mine got into how a ticket on his record wasn't really his fault - didn't get hired.

In future interviews, tell them exactly what happened at this airline that asked you to resign and what you learned from it. Take full responsibility.

 

[FN FAL]

Having researched my driving record recently, I found out this, THEY WILL FIND OUT EVERRTHING.

I have a clean NDR report, nothing, nada.

My state record is clean, nothing, nada, but that only goes back 3 years.

Went to the Clerk of Courts office in the County that I have resided in my whole life and they had everything from the Exhibition ticket I received when I was 14 years old to the last ticket I received for no seatbelt. Plus all convictions, underage alcohol possession when I was 16, etc. Never spent a day in jail in my life, but if you paid a ticket, you were convicted.

Almost all the applications ask you to identify the COUNTY that the offense occurred. So they are going to get the Clerk of Courts document that are available to anyone who asks for them and pays the $15.00 fee.

All this will be on the FBI report as well, they request that as well.

Mark

Even a dog knows not to poop in it's own dog house. I doubt the NCIC files are big enough to keep all your parking tickets, moving violations or equipment violations on file.

Here is a link to the FBI's National Crime Information Center's website.

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

It lists explicitly what is and what isn't maintained as information in the NCIC records. You can probably ask for a copy of this yourself directly with the Feds or through some process locally with your hometown police department.

Of special interest is...

2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under
the existing penal statutes of the jurisdiction originating the entry
and for whom a felony or misdemeanor warrant has been issued with
respect to the offense which was the basis of the entry. Probation and
parole violators meeting the foregoing criteria.

Doesn't say anything about squeeling tires or speeding tickets.

 

[FN FAL]

In addition, you have to check your state laws concerning how long a record for traffic or criminal cases is kept on file with courts. Depending on the type of case, those records may be destroyed at 5, 10, 15, 20 year or even 75 years.

Some have asked if expungement removes an incident from your records...I can't vouch for every state, but I did find this in the Wisconsin Circuit Court Access FAQ portion of their website.

Does expunction remove my case from everywhere?
​

No. Even under the limited circumstances described above, a judge can only order expunction of the court's record. The Wisconsin Crime Information Bureau also keeps criminal records. The case may still exist in the records of the District Attorney, other law enforcement records, the Department of Transportation and other places. The judge has no authority to require removal of those records.
See the Wisconsin Criminal Information Bureau for more information.

 

[FN FAL]

In Wisconsin court rules on when records may be destroyed...(edited)

SCR CHAPTER 72 ​

RETENTION AND MAINTENANCE OF COURT RECORDS​

SCR 72.01 Retention of original record.

Except as provided in SCR 72.03 to 72.05, the original paper records of any court shall be retained in the custody of the court for the following minimum time periods:

(1) Civil case files. All papers deposited with the clerk of circuit court in every proceeding commenced under chapter 801 of the statutes: 20 years after entry of final order.

(2) Civil court record. A history and index of proceedings under chapter 801 of the statutes kept in book or card form: 20 years after entry of final order.

(3) Civil minute record. A brief statement of in-court proceedings commenced under chapter 801 of the statutes, generally maintained in the case file: 20 years after entry of final order.

(4) Judgment and order record. A record consisting of copies of all civil and criminal judgments, orders and reports entered, the originals of which are kept in the case file: None; this recordkeeping requirement was repealed by 1983 Wisconsin Act 303.

(5) Judgment docket. A record of all money judgments: 20 years after final docket entry.

(7) Delinquent income tax, unemployment compensation payment warrants and dockets. A record of delinquent tax liens or delinquent unemployment compensation payments that have the effect of a final judgment: 20 years after final docket entry.

(15) Felony case files. All papers deposited with the clerk of courts in every proceeding commenced under ch. 968, stats., for felony offenses and all papers filed with the clerk of courts for the commitment of an inmate under ch. 980, stats.: 50 years after entry of final judgment; for Class A felonies, 75 years after entry of final judgment.

(16) Felony court record. A history and index of criminal proceedings kept in books, on cards or in electronic or optical format, including court records regarding the commitment of an inmate: 50 years after entry of final judgment; for Class A felonies, 75 years after final judgment.

(17) Felony minute record. A brief statement of in-court proceedings in a felony action, generally maintained in the case file, including minute records regarding the commitment of an inmate: 50 years after entry of final judgment; for Class A felonies, 75 years after final judgment.

(18) Misdemeanor case files. All papers deposited with the clerk of courts in every proceeding commenced under chapter 968 of the statutes for misdemeanor offenses, including criminal traffic offenses: 20 years after entry of final judgment.

(19) Misdemeanor court record. A history and index of proceedings under chapter 968 of the statutes for misdemeanor offenses, including criminal traffic offenses, kept in book or card form: 20 years after entry of final judgment.

(20) Misdemeanor minute record. A brief statement of in-court proceedings in a misdemeanor action, including criminal traffic offenses, generally maintained in the case file: 20 years after entry of final judgment.

(24) Traffic forfeiture, conservation forfeiture and ordinance violation case files. All papers deposited with the clerk of circuit court in every proceeding commenced under chs. 29, 30, 48, 66, 125, 167, 343, 345, 350 and 938, stats.: 5 years after entry of final judgment.

(24a) Traffic forfeiture, conservation forfeiture and ordinance violation court record. A history and index of proceedings kept in books, on cards or in electronic or optical format: 5 years after entry of final judgment.

(24m) Traffic forfeiture, conservation forfeiture and ordinance violation minute record. A brief statement of in-court proceedings in a forfeiture or ordinance violation action, generally maintained in the case file: 5 years after entry of final judgment.

(25) Information and indictment record. A record consisting of copies of all informations and indictments filed, the originals of which are kept in the case file: None; this recordkeeping requirement was repealed by 1983 Wisconsin Act 302.

(26) Records of John Doe proceedings. All papers deposited with the court in every proceeding commenced under section 968.26 of the statutes: 50 years after date of final proceeding; for cases involving the investigation of Class A felonies, 75 years after date of final proceeding.

(27) Search warrants. Except as provided under sub. (27m), orders signed by a judge directing a law enforcement official to conduct searches: 75 years after filing with the court, unless filed with a case file.

(27m) Juvenile court search warrants. Search warrants deposited with the juvenile court in proceedings under chapter 48 of the statutes: 15 years after filing with the court, unless filed with a case file.

(28) Records of grand jury proceedings. All papers deposited with the court in every proceeding commenced under section 756.10 of the statutes: 50 years after date of final proceeding; for cases involving the investigation of Class A felonies, 75 years after date of final proceeding.

(38) Mental health case files. All papers deposited with the clerk of circuit court or register in probate in every proceeding commenced under chapter 51 of the statutes: 10 years after entry of final order of commitment or extension.

(39) Mental health court record. A history and index of proceedings kept in book or card form: 10 years after entry of final order of commitment or extension.

(40) Mental health minute record. A brief statement of in-court proceedings commenced under chapter 51 of the statutes, generally maintained in the case file: 10 years after entry of final order of commitment or extension.

(41) Juvenile delinquency, juveniles in need of protection and services and children in need of protection and services case files. Except as provided in sub. (24), all papers deposited with the clerk of circuit court, register in probate or clerk of court for juvenile matters in every proceeding commenced under ch. 48 or 938, stats.: 4 years after the 18th birthday of the juvenile or child; 8 years after the 18th birthday of the juvenile or child if he or she was adjudicated delinquent for committing an act that would be punishable as a Class A or Class B felony if committed by an adult.

(43) Juvenile court record. A history and index of proceedings under ch. 48 or 938, stats., kept in books, on cards or in electronic or optical format: 4 years after the 18th birthday of the juvenile or child; 8 years after the 18th birthday of the juvenile or child if he or she was adjudicated delinquent for committing an act that would be punishable as a Class A or Class B felony if committed by an adult.

(44) Juvenile minute record. A brief statement of in-court proceedings commenced under ch. 48 or 938 stats., generally maintained in the case file: 4 years after the 18th birthday of the juvenile or child; 8 years after the 18th birthday of the juvenile or child if he or she was adjudicated delinquent for committing an act that would be punishable as a Class A or Class B felony if committed by an adult.

(45) Non-criminal case exhibits, paper and non-paper. One year after time for appeal has expired, provided that return of the exhibit has been offered to the proffering party.

(46) Criminal case exhibits, paper and non-paper. One year after time for appeal has expired, provided that return of the exhibit has been offered to the proffering party.

(47) Court reporter notes. Verbatim stenographic, shorthand, audio or video notes produced by a court reporter or any other verbatim record of in-court proceedings: 10 years after the hearing.

(48) Receipts. A receipt for money received by the clerk of court or register in probate: 7 years after issuance.

(61) Court records no longer created. Records no longer created, utilized or maintained by the court for legal purposes: 20 years after repeal, modification, supersession or amendment.

(62) Court records in book form. Court records kept in book form may contain various case and record types; depending upon the case and record type, one of the following shall be used to determine the longest minimum retention period as specified under this rule:

(a) Beginning with the date of final entry for the most recently disposed case.

(b) Beginning with the date of final entry for felony cases when maintained in books with other case types.

(c) Beginning with the date of the 18th birthday of the youngest juvenile covered in the book when pertaining to proceedings commenced under chapter 48 of the statutes.

(64) Incarcerated person records. Files containing prisoner litigation correspondence, pleadings and other documents; usually a writ of habeas corpus or certiorari; that are kept in group files until they are reviewed by a judge to determine if the action can be filed without the payment of filing fees and court costs: 5 years after date of submission. If the action meets the filing criteria as a civil action, it becomes a civil case and is retained in accordance with sub. (1).

 

[vetteracer]

FN FALL, thanks for the links.

I spoke with the Clerk of Courts gal and she said they keep the records as far back as possible, and destroy them on a need by need basis. The last purging took place in 1988.

On a similar thread a guy mentioned that when he got his FBI background check back he discovered a speeding ticket that he had received in some state that he was traveling through. He said he had forgotten all about it, as it happened some years ago. And claimed it was on the FBI background report. The NCIC "WOPR" may contain different info.

The point is rather moot, almost all the applications list a request for the COUNTY in which have resided along with the residence. They go on to request the County in which any violation occurred that you list.

The Gal at the Clerk of Courts told me that there are third party companies that usually request the Clerk of Courts documents for the employer. She claims they process some every day for these companies. Like I mentioned, in SD anyway, anyone with $15.00 can obtain a copy of your Clerk of Courts records.

Mark

 

[DaveJ]

Check your state laws.

Maryland keeps your driving history forever. If you move there from out of state, they request a copy of your driving record and put it into your system.

However, most of your driving history can be expunged if you request it.
There are some rules -- they don't expunge DUI or reckless driving convictions, for example and the convictions have to be four years old (I think).

So check your state's laws. You might be able to clean up some of the old stuff.

 

[SiuDude]

FN Fal:

The NCIC doesn't maintain any records of previous offenses. It maintains warrant information for people who are currently wanted or missing, as well as stolen guns, etc.
The FBI maintains a center in WV, I think that keeps the records for previous arrests (except traffic offenses). The employer has to mail them your fingerprints, and they return a rap sheet in a couple of weeks. All that will say is the date, place, and nature of the arrest. It will rarely have the final disposition.
http://www.fbi.gov/hq/cjisd/iafis.htm

Even a dog knows not to poop in it's own dog house. I doubt the NCIC files are big enough to keep all your parking tickets, moving violations or equipment violations on file.

Here is a link to the FBI's National Crime Information Center's website.

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

It lists explicitly what is and what isn't maintained as information in the NCIC records. You can probably ask for a copy of this yourself directly with the Feds or through some process locally with your hometown police department.

Of special interest is...

Doesn't say anything about squeeling tires or speeding tickets.

 

[Ty Webb]

Here's a helpful hint for you boys and girls who get a speeding ticket, or something similar:

Go to your court date. Wear a suit, or at least a shirt and tie. Plead guilty, but tell the judge, "Your Honor, I respectfully request that you withhold adjudication".

If he agrees to this (and I have never had them say no) it basically means that there is no conviction. You still pay the fine and court costs, but no conviction on your record.

See, I told you I was an enlightened rogue!

Now, please excuse me while I return to boarding up my windows . . . . . . .

 

[sqwkvfr]

Guys, maybe you could help me out. I was in Sturgis at the rally two years ago and got pulled over. No taillight... Anyways, I never really took the test for a motorcycle license which is apparently illiegal. (Go Figure). They say "pay the ticket here ($88), or go to jail." I tell them I only have $44 on me, and away I go to the clinker. Besides spending the night with cocomo joe and hells angels, can I expect some bad heat from an interviewer? It is a good story while at the bar, but I dont think an interviewer would like it. IE: operating without a license.

First of all, don't worry about the jail thing in Sturgis...you were held pending bond on what in South Dakota is known as a "class 2 misdemeanor." Normally, when you get a speeding-traffic ticket or a cite for any class 2, you can sign a "promise to appear" at the the bottom of the cite and be issued a power of attorney form with which you can mail in with the fine and plead guilty...without appearing on the the court date that is set up and listed on the citation.

Now, Sturgis is a "pay or stay" operation....due to the number of out-of-state people -almost all- attending said event....the chance of the city/state collecting the fine from a person who spends a couple of days a year in SD is highly unlikely.....therefore the "pay or stay" policy. Also, if the cite was for a city code (if it was a city cop this is very likely) the interstate compact -wherein your HOME state will suspend your DL if you have an unpaid fine in another compact state- would not be applicable.

Still with me?

Make sure you check the offense description on the citation....does it say "no DL" or "no motorcycle endorsement?" I'd think that the latter would be less severe in an interview...and even if is was the former, I'd think that you could explain what happened and it wouldn't affect you much.

Did you spend the entire night, or were you just in a holding cell for a few hours? Either way, you weren't there as part of a sentence and it really doesn't mean anything.

Either way, just explain it...what happened to you, at least from a former SD cop's point of deal, is no worse than getting a regular traffic citation....only it happened to you in the wrong place at the wrong time of year.

 

[sleepy]

If an emploer has thousand of qualified applicants for a job, why should they hire the person with a lot of traffic tickets or an arrest when they have hundreds of other applicants with a clean record. While a traffic ticket or arrest for doing something stupid when you were younger does not make you a bad person, they have to weed applicants out somehow.

 

[vetteracer]

I know of one person who never had a ticket in his life. He did not get a Drivers license until he was 20 years old. He did not go out much in high school. In college he never drove, always bummed rides with friends, did not play sports, tune cars, own a motor cycle, or hang out with anyone that did. He did not get invited to many parties because he felt more comfortable with computers then he did with humans. To my knowledge he never dated, nor had a steady girlfriend. His first job was for the same company he works for today, and that was post college.

Although he is not a pilot, I would just be over joyed to sit next to this guy for 4 days. I bet he would have all kinds of stuff to talk about, being that he has had such a fulfilling life.

The greater idea is what is behind traffic tickets to begin with, MONEY. The City, State, Cops, DAs and Judges would all be out of work and out of jobs if there were no petty tickets to keep the court systems full of work and revenue. Almost 90% of tickets are a joke. They have nothing to do with safety or a crime. If safety were the concern, they would have something more then a 12-question test and a 15-minute checkride to obtain a driver’s license. The codified laws for SD could fill a couple of phone books and they have a test with 12 questions!!!! There are tickets for everything from not having enough tread on your tires to operating without a review mirror. The list goes on and on. There is no way to know all these laws for the common man unless you study the law or are a lawyer. The system is set up to generate revenue and as a by-product to enhance safety. Ever have something stolen? The Cops just take the report and you never ever hear back from them. If you don’t pay a $5.00 parking ticket, they will spend hundreds hunting you down. Ever live in a small town with a Barney Fife type? They pull over EVERYONE after 10pm and if you are under 25 year old, or not on the city councel, they find something to write a ticket for. THIS IS HOW THEY JUSTIFY THEIR JOB IN A CITY WITH 1500 PEOPLE. If they cannot write enough tickets to justify their job, they will lose it and the county sheriff’s dept will be contracted to do the work. I actual had a cop write me a ticket for speeding in my Chevelle when I was not speeding. He said, "well, I am sure you were speeding some time today, and this is the ticket for that"!

In SD just this last weekend a Highway Patrolman was hit on the interstate while turning around to go nab a mass murderer, FBI top wanted, prison escape, Oh wait that wasn’t it, they were just going a few miles over the speed limit. That was worth landing 2 people in critical care in the hospital.