Lying in an Interview

[paulsalem]

Thanks BerKut.

Impressive.

 

[Catnhat]

Post something citable, state laws are on the internet...cite your reference please.

Typically a traffic violation is a violation of motor vehicle code, that's why you get to cut the judge out of the process when you sign the ticket and post signature bond with the police officer, driving away with your pink copy instead of going to jail until you see a judge.

I think that Berkut did a great job of posting examples of traffic violations not being criminal offenses in a few states. I suppose it is always best to check the specific state laws where the ticket is issued. As for my comment regarding the possibility of additional criminal charges, this is based on an incident involving a friend's son. Received a ticket for 90 in a 65, which is a traffic infraction in NY State. He was also arrested for reckless endangerment. He was taken to the police station and was book on the misdemeanor charge. This was later dropped at the hearing by the judge when he admitted guilt in the speeding charge.

 

[air cowboy]

This subject scomes up occasionally on this board. Ususally it is in hte context of some conviction which was expunged. A popular, but flawed, line of thinking is that if a crime or misdemeanor has been expunged, you are entitled to pretend that it never happened and may lie in response to questions about arrests and convictions.


.

This is not a flawed line of thinking, at least in some cases. A friend of mine completed ARD, the misdemenor was expunged, and he got a letter from his lawyer saying "You can legally advise that you have never been arrested or convicted of this crime" Case Closed.

 

[A Squared]

This is not a flawed line of thinking, at least in some cases. A friend of mine completed ARD, the misdemenor was expunged, and he got a letter from his lawyer saying "You can legally advise that you have never been arrested or convicted of this crime" Case Closed.

Sounds like legal weaseling to me. If you got arrested, you got arrested, and from that moment on the only honest answer is yes, you can't un-ring a bell, not can anyone, an judge included change the past.

Now, I don't pretend to understand all the ins and outs of what happens when something is expunged, but from what I understand there are some databases which that information never drops out of. A state judge can seal or have erased state court records. I'm pretty skeptical that a state judge can have something taken out of the FBI's data base. I'll bet that once it's there, it's there. Now, remember that we are all subject to background clearences which are done with the FBI's database.

OK so you had some conviction you got expunged, you said that you've never been arrested coarged or convicted, and your conviction shows up in your background check. You think the airline is going to be impressed with: "well I was legally entiled to lie about my conviction" ???? I doubt it. Read the case, it that logic certainly didn't work at Alaska Airlines.

 

[lowtimedriver]

Sounds like legal weaseling to me. If you got arrested, you got arrested, and from that moment on the only honest answer is yes, you can't un-ring a bell, not can anyone, an judge included change the past.

Now, I don't pretend to understand all the ins and outs of what happens when something is expunged, but from what I understand there are some databases which that information never drops out of. A state judge can seal or have erased state court records. I'm pretty skeptical that a state judge can have something taken out of the FBI's data base. I'll bet that once it's there, it's there. Now, remember that we are all subject to background clearences which are done with the FBI's database.

OK so you had some conviction you got expunged, you said that you've never been arrested coarged or convicted, and your conviction shows up in your background check. You think the airline is going to be impressed with: "well I was legally entiled to lie about my conviction" ???? I doubt it. Read the case, it that logic certainly didn't work at Alaska Airlines.

Problem is that you are looking at employment law vs. statutory law. Under the expungement statues, if you have had a previous misdemeanor expunged, it is if the crime never took place.

 

[FN FAL]

Thanks BerKut.

Impressive.

Google and cut and paste are awesome.

 

[Berkut]

You're welcome.

 

[paulsalem]

Google and cut and paste are awesome.

It probably took a fair amount of digging.

 

[air cowboy]

Sounds like legal weaseling to me. If you got arrested, you got arrested, and from that moment on the only honest answer is yes, you can't un-ring a bell, not can anyone, an judge included change the past.

Now, I don't pretend to understand all the ins and outs of what happens when something is expunged, but from what I understand there are some databases which that information never drops out of. A state judge can seal or have erased state court records. I'm pretty skeptical that a state judge can have something taken out of the FBI's data base. I'll bet that once it's there, it's there. Now, remember that we are all subject to background clearences which are done with the FBI's database.

OK so you had some conviction you got expunged, you said that you've never been arrested coarged or convicted, and your conviction shows up in your background check. You think the airline is going to be impressed with: "well I was legally entiled to lie about my conviction" ???? I doubt it. Read the case, it that logic certainly didn't work at Alaska Airlines.

No, there never was a conviction. That's how ard works, you do the terms, and they drop the charges. It still has to be expunged so that there is now record of the incident (not conviction).

 

[IFollowRoads]

No, there never was a conviction. That's how ard works, you do the terms, and they drop the charges. It still has to be expunged so that there is now record of the incident (not conviction).

The clerk of the court files might be expunged, but the arrest paperwork stays at the jail forever, as a civil liberties safeguard. In other words, the arresting agency can't make all the paperwork go away and deny having had someone in custody. So depending on how in depth the background investigation is, you can get nailed in the interview about a past arrest.

There are consequences for all your actions. Owning up to a mistake is one of those consequences. Don't make the situation worse for yourself by being a liar.