Drug Crimes, Substance Abuse Marijuana charge not Removed from record

[PLATINUMTHEATER]

I was arrested two years ago for DUI of Marijuana. I plead out in court to get a lesser charge of a Wet Reckless, and to dismiss the simple poss. I was recently turned down from a job due to a marijuana charge on my record. Should this show up considering it was dismissed.

 

[CdwJava]

What state are you in?

Also, know that there is no cookie cutter private employer background check. Unless you know the source of the record that the employer saw, you can't say for sure that it was NOT removed. Heck, if this were in CA then it would be easy to find out about the marijuana arrest via court papers. Even if the state criminal history might represent the "wet reckless", the local court papers and even jail arrest records, would have represented the marijuana DUI.

- Carl

 

[raskalnikov]

Marijuana should be legal! It's lame you are busted for something that should be legal! marijuana is better than Alcohol. . .

 

[CdwJava]

Marijuana should be legal! It's lame you are busted for something that should be legal! marijuana is better than Alcohol. . .

What the law "should" be has nothing to do with what the law is.

As for it being "better" than alcohol, that is debatable and definitely depends on
what you are talking about with regards to "better in what way?"

Oh, and note he was arrested for DUI - not for possession. He was driving impaired ... unless you do not believe marijuana can impair a person.

- Carl

 

[PLATINUMTHEATER]

actually I was given a lesser sentence for lack of evidence on the field sobriety test. Turns out I passed the field test but blood test gave me up. What can I do to resolve this? I can still get the job if I can get this off of my record.

 

[CdwJava]

It depends on the record that was used as the source. Some states allow a public search of state criminal history records. My state of California does not. But, while STATE criminal history records are off limits to most private employers, local (court) records are not. And private background research firms that collect public records can use these for up to 7 years. So, you might have to find out the source of the information and see if there is a way to address it.

You can't change the police report, and you cannot change the court records. No matter how much you might not want it to, the court records will still reflect an initial filing for being DUI marijuana and even being in possession (if you were).

- Carl

 

[PLATINUMTHEATER]

Ok thanks for the Info maybe I didnt mention it but I'm in Ca as well. If they are looking at court records it will take seven years to clear?

 

[CdwJava]

Private background firms can hold those public records for no more than 7 years. The court records will remain forever, so if your employers have people go to the courthouse, they will always find the record. Plus, many public sector jobs will have access to your state criminal history so they may know about the original filing forever.

- Carl

 

[raskalnikov]

Wow. Arby's has a fantastic chicken sandwich, I need that. BIG TIME.

I said what what, in the

I said what what, in the

I said what what, in the

Let's do it in the OK

 

[CdwJava]

Rask ... are you high right now???

- Carl

 

[Violet_Putney]

I live in New York State and DUI is a fine and maybe some probation time I don't believe it stays on your record unless it is a felony conviction