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When viewed by employer is Obstructing a Passage Way on record or probation better? And how would each effect hiring process?
Anonymous1 views2 answers
This is my first DWI, which will be reduced to obstructing a passage way. I was given a few options: 1. Charge deffered w 18mths of probation and all that entails (monthy fees, meeting w probation officer, etc) 2. Short Route: Charge goes on my record, I do X number of community service hrs, no probation and when hrs are completed so am I. 3. Try to negotiate w DA on terms 4. Take it trial.
After getting laid off a couple of mths ago, I am in the process of looking for a job. Which option would be better for my situation? When viewed by an employer, which is better being on probation or seeing that an Obstructing a Passage Way charge on my record?
I'm guessing the actual charge was Obstructing a Highway. Many employers know that is used to help people get out of a DWI conviction. The advantage is that you can get deferred adjudication and keep your record relatively clean. Most employers only ask if you have a conviction, on deferred adjudication, you will not. If they pull your criminal history, they'll see the case while you are on probation, but should also know that you got deferred and are likely to avoid the conviction. So, generally, you are better off taking deferred. However, it depends on the employer. You can call human resources at the companies you are applying to (or call anonymously) and ask. Many companies will tell you what their policies are. Generally, though, a conviction will be more of a problem than deferred adjudication probation.
One place probation can trip you up is on the reporting requirements. If you have to report during work hours, some employers will hold that against you. Other terms, like an ignition interlock can be tough, too.
As far as negotiating with the DA, leave that to an attorney. You might get a little more from them, but if the negotiations are handled badly, you could end up worse off.
Trial may be a good option if you are innocent and/or have a really good case, but it can take a long time to get to trial. You definitely need to consult an attorney before setting your case for trial because you will likely waive your plea offer by going to trial.
So, bottom line, the deferred offer guarantees you will avoid a conviction if you can complete it successfully. The terms and conditions to complete it successfully may be inconvenient to the point of jeopardizing some job opportunities. A conviction will keep you from getting hired by many employers and put you at a disadvantage compared to people who don't have a criminal history, even if someone is willing to hire a person with a conviction. It may also keep you from moving up in your profession because it can keep you from getting some licenses and certifications. Negotiating with the DA will delay the start of your probation and may or may not help you, even if done well (but a local attorney should be able to tell you what your chances are), and going to trial will create a long delay, during which employers will see that you have an open case, and after which you may get a conviction anyway (but it will be for DWI, which is bad for MANY employers).
You have to weigh these risks yourself and should consult an attorney who is familiar with your case. Good luck.
By the way, that deferred adjudication offer isn't available in many counties. Many of my clients would love an offer like that, but we can't get it here.
if you do not have a case that is possible to win at trial, i would think taking the deferred would be the best option. The advantage about a deferred, as the previous answer suggested, is that it is not considered a conviction. The other big advantage, is that once the deferred is over, you will likely be eligible for what is called a petition for non-disclosure. This effectively "seals" the record from most private entities. So most employers wouldn't even know it was there.
Good luck!
