QUESTION

Will my son EVER be able to get a job with jail time on his record?

Asked on Sep 17th, 2012 on DUI/DWI - Michigan
More details to this question:
June 6th - 36 minutes after turning 18, my son went to buy a lottery ticket. He saw a friend and was beeping loudly while turning into SHELL Gas. An officer was at Shell and asked my son if he had been drinking. Son blew less than the alcohol limit, yet since he was 18, he went to jail. June 10th the same 18-year-old son was arrested for OWI, driving through a stop sign. He is offered 120 hours of community service or one weekend in jail. Will he EVER be able to get a job with jail time on his record? He is still a senior in high school. Should he accept community service or the jail time. He chose jail.
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8 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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With a drinking offense, even if your son was 17 at the time, he would have still been charged with as an adult. It sounds like your son has made two very poor decisions in a very short period of time. There are many people who can get jobs, despite having spent time in jail; however, it can be difficult, especially in the present economy. If your son came to me, looking for a job, it would not so much be the jail time that I would be looking at, but rather the fact that your son appears not to have learned from his first poor decision. I would not want to hire someone who does not appear to learn from his mistakes, and continues to act without regard for the consequences. Your son is young. I suggest that he take a serious look at himself.
Answered on Sep 20th, 2012 at 4:43 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Arrests and convictions will have effect on his employability, but only the employer can tell you how much effect. He will learn as he goes. However, while the general rule is Records are forever, some CA criminal convictions including DUI can be 'expunged' from criminal records by proper application and Petition to the convicting court if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove', erase or disappear the conviction. It does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.
Answered on Sep 20th, 2012 at 4:43 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Your son has a severe drinking problem get him the counseling he needs.
Answered on Sep 20th, 2012 at 4:41 PM

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That is a personal choice, jail vs community service. This should not keep him from getting a job in the future.
Answered on Sep 20th, 2012 at 4:40 PM

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Michael J. Breczinski
Yes he may be able to get a job. I think it was improper for him to do jail rather than community service. It would be harder to get a job with a larceny on his record. No employer wants a thief.
Answered on Sep 20th, 2012 at 4:39 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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I don't know anyone who would voluntarily accept jail when work program is offered. Yes, this may well affect his employment opportunities in the future.
Answered on Sep 20th, 2012 at 4:38 PM

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You should immediately retain the services of an attorney to represent your son. The attorney can investigate the evidence and possibly negotiate a reduction in the charge(s) and take proper steps to avoid a conviction.
Answered on Sep 20th, 2012 at 4:38 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You son will have to live his life, and suffer the consequences of his actions. He is not learning his lessons. It is not your fault or responsibility.
Answered on Sep 20th, 2012 at 4:37 PM

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