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Question about a DUI and criminal record
Anonymous7 views5 answers
Let's say in Connecticut that someone is arrested for a DUI. They go to their arraignment and the DUI is dismissed the but moving violation they received along with the DUI was nolled. Does that mean, according the the Erasure Law, that the charge is completely off the record after 20 days and nobody, such as potential employers, can see it? The ticket, as I understand, will be active for 13 months.
A dismissed charge should be off your record and not visible to potential employers, etc as soon as it is entered into the Judicial system. A nolle becomes a dismissal after 13 months.
Attorneys Shalvoy and Cooney are correct. Respectfully, I suggest the other poster may not be familiar with Connecticut's law on criminal records and the treatment of theses issues vary from state to state.
Potential employers should not ask you if you have been arrested. In the US you are innocent until proven guilty and being arrested does not mean that you are guilty.
But, what to do if you are asked about arrests? Choice #1 is to describe the conduct anyway, in your case emphasizing the disposition you received. Choice #2 is to refuse to answer on the grounds that it is not a proper question, and volunteer that you have not been convicted of any charges. Obviously, you need some finesse when utilizing the Choice #2 to avoid suspicion and to avoid leaving the impression that you are a wise guy. Choice #3 is that you say you were never arrested. This is a mistake, because it is not truthful. A Google search may reveal your arrest. I am familiar with a person who chose #3 and received a job only to lose it. Not because of the minor violation, buy because he lied.
I agree with the other CT attorneys here, and add that depending on the employer, the question may de different. Most employers ask about convictions. Law enforcement and public safety may ask about arrests.
