QUESTION
If a DUI is set to be dismissed with no conviction, do I have to disclose it on an application?
Asked on Dec 06th, 2012 on DUI/DWI - Oklahoma
More details to this question:
I'm wanting to apply to the OKC fire department and I'm worried about my DUI. I was arrested back in July of this year and with the help of an attorney I plead no contest and was given a deal by the DA to complete classes and 6 months probation and the charge would be dismissed without conviction. When applying for the fire dept. it asks if I have ever been CONVICTED of a moving violation including a DUI. Can I say NO since the charge is set to be dismissed without conviction next month?
1 ANSWER
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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A person who get a deferred sentence on a DUI and successfully completes his/her probation does not have a "conviction." The case is dismissed by the District Attorney or City Attorney depending on where the charge was filed. If the employment application says "convicted" then you can truthfully answer no. However, if it asks if you have every been "arrested" you must answer yes. One additional step you should consider is having your arrest record and criminal charges expunged. Anyone who does a background check will find the DUI arrest on your state criminal history report.
Answered on Dec 06th, 2012 at 4:00 PM