Alcohol & Drugs: DUI, DWI Consumer background check: DUI, seven years ago

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JustWantJustice

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I've been reading these threads about DUIs. I can tell you firsthand that one of the lingering effects of having a DUI is that they do not go away. Oh no, no, no.

Seven and a half years ago, I was caught and charged with DUI. After a year in the court system, I finally had enough of my attorney trying to convince me I'd get off if I just waited it out long enough (what a bunch of baloney). So it's been almost six and a half years since this conviction.

I'm done with all of that, the license suspension, the classes, the fines, the probation, etc.

What I want to know is this:

Does anyone have knowledge about how long these things will stay available for consumer background checks? I have to move and I'm ready to submit an application. But there it is, the dreaded question: Have you ever been convicted by a court of law.

Well, yes, I have. It was a minor thing, relatively speaking, and I have never done it since then, have no plans to drink and drive, and I rarely drink at all anymore. But this could possibly cause me to be turned down by an apartment management company.


I am wondering if it's possible that since the last time I had one of these checks, it did NOT show up, after three years, will it show up now? I'm asking because I know that in the last few years, technology has gotten even better.

Does anyone have experience with this? The last time, it was only three years since it had happened, and it was in a different state. I've since moved back to the state it happened it, and I'm very concerned that I'm going to be turned down. And of course, the temptation to check "No" to that question about having been convicted by a court is there. If I check it, they know for sure. If I do not check it, they might find out via background check, or they might not.

I'm just really scared right now of everything. I'm the middle of a custody suit with my ex over my children, he is having me evicted from the apartment we shared for years, and I have got to get moved. I am terrified that this one thing is going to keep me from being able to get a lease.

This is in NC, if that matters, and this is the state where the conviction was (summer 2004). Is it possible that it's so old it won't show up? Anyone have any idea?

Thanks

Very Nervous Mom . . . who doesn't ever drink and drive anymore, hardly drink at all, for that matter.
 
JustWantJustice said:
I've been reading these threads about DUIs. I can tell you firsthand that one of the lingering effects of having a DUI is that they do not go away. Oh no, no, no.

Seven and a half years ago, I was caught and charged with DUI. After a year in the court system, I finally had enough of my attorney trying to convince me I'd get off if I just waited it out long enough (what a bunch of baloney). So it's been almost six and a half years since this conviction.

I'm done with all of that, the license suspension, the classes, the fines, the probation, etc.

What I want to know is this:

Does anyone have knowledge about how long these things will stay available for consumer background checks? I have to move and I'm ready to submit an application. But there it is, the dreaded question: Have you ever been convicted by a court of law.

Well, yes, I have. It was a minor thing, relatively speaking, and I have never done it since then, have no plans to drink and drive, and I rarely drink at all anymore. But this could possibly cause me to be turned down by an apartment management company.


I am wondering if it's possible that since the last time I had one of these checks, it did NOT show up, after three years, will it show up now? I'm asking because I know that in the last few years, technology has gotten even better.

Does anyone have experience with this? The last time, it was only three years since it had happened, and it was in a different state. I've since moved back to the state it happened it, and I'm very concerned that I'm going to be turned down. And of course, the temptation to check "No" to that question about having been convicted by a court is there. If I check it, they know for sure. If I do not check it, they might find out via background check, or they might not.

I'm just really scared right now of everything. I'm the middle of a custody suit with my ex over my children, he is having me evicted from the apartment we shared for years, and I have got to get moved. I am terrified that this one thing is going to keep me from being able to get a lease.

This is in NC, if that matters, and this is the state where the conviction was (summer 2004). Is it possible that it's so old it won't show up? Anyone have any idea?

Thanks

Very Nervous Mom . . . who doesn't ever drink and drive anymore, hardly drink at all, for that matter.

It will never disappear, unless by error or omission.

You can try to have your record expunged.

In, NC, you can try what it called, "a prayer for judgment or some such phrase".

Essentially, you ask the court to remove it.

Speak with a local lawyer about legal ways to have your record cleared.

Eventually, you can apply to the governor (if he's not off hiking), for a pardon.

Given his personal situation at the moment, I hear he's dispensing pardons in NC like it was Halloween.

Anyway, I hope you get the relief you desire.

This country is no longer as forgiving (when it comes to criminal matters) as it used to be.
 
I posted on another thread re Prayer For Judgment Continued, because my ex got one for his assault on a female charge. That's when you plead guilty to a crime, it shows up as a conviction, but there's only a judgment entered (if there's anything besides court fees as part of the prayer/judgment). But it does show up as a conviction. Or at least that one plead guilty. It's NOT a dismissal, as my ex's attorney is trying to insist on this most recent court order re custody of our children.

You can't get a PJC for a DUI anyway, and this was six years ago. They simply do not do them for DUIs because they want to prosecute every DUI to the fullest extent (for good reason, yes, I do get that what I did was really wrong and I deserved to be punished .. . but my gosh, for how long? To deny me a place to live?)

I know that it is always part of my record. What I am wondering about are the consumer background checks--not specifically when they pull records like the DA can, but as businesses doing consumer background checks. I know that they pay for services to do the checks, and that they are not perfect.

So my question, I guess is, just how thorough are these things--the consumer checks? It's not at all the same thing as the records available from the state, no, no. I'm sure it varies from company to company. And like I said, when I was in a different state, even when this was much more recent, it did not show up. But I'm back in the state in which it happened, and technology/internet search capabilities are so much more advanced now than they were a few years ago.

So . . . to recap. No chance for a PJC. You cannot get them for a DUI anyway, and even when they will grant one to someone accused, you have to do it at the time of the court hearing and plead guilty. And it does show up as a conviction anyway. I don't know if consumer checks show them, but a DA doing a check has access to much better and more thorough records.

Now, what is this about the governor of NC handing out pardons? Huh? That sure does sound interesting. I don't think it would help me with this leasing situation, though, because I've got to give this to the leasing company by Monday.

Now, my ex also leased a place from this company, and he is the one with the PJC, which would show up as a conviction, but I don't know if it does for a consumer background check.

Anyone know anything about these consumer background checks? If it would be that thorough to show a DUI from that long ago? Same state, but six years ago?

And how about advice it does show up? Anyone had this happen and if so, how did you explain it? It's not like I'm a drunk, rolling around drunk wherever I go. I hardly drink at all anymore, and I sure as hell do not go near a car if I've had anything to drink. I just don't want to even have to explain that to a leasing company.
 
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