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Do I need to say YES or NO when asked if I have ever been arrested on LE application?

Jersey City, NJ |

I want to apply for a Law Enforcement agency. I was pulled over in NJ and then "arrested" for suspicion of DUI. Was taken back to the station house took the "breathalyzer", passed, then the officer said he is just giving me a careless driving ticket. Is this considered an arrest and should I disclose this when asked on the application?

Attorney Answers 4

Posted

You were arrested if you were taken to the station. Careless driving or reckless driving?

You should answer that you were arrested on suspicion of DUI and that the ticket issued was for careless driving. That is, tell the truth.

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Asker

Posted

It was careless driving not reckless driving

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

That is good. Reckless will bar you from Canada.

Posted

If you are applying for a law enforcement agency, you should certainly mention that you were arrested on suspicion of DUI but tested negative and were given a ticket for careless driving.

They will do a very thorough background check and I am certain your arrest will come up. So if you don't mention it, it will look bad.

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.

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Posted

The application requires full disclosure I believe. You were "arrested" but your abstact will only show the final charge (not even the careless if the dispostion was less). If the question is if you were ever arrested you need to say yes. If it is "arrested for a serious charge or crime" you can say no but you have that overriding disclosure requirement.

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Posted

They want to know the charges and disposition that I was given, but I was never cited for the DUI. Are the charges careless driving? Sorry for my ignorance in the law.

Mark M Cheser

Mark M Cheser

Posted

Again this will not likely show. You were detained (arrested) and never charged. I would like to say don't mention it but there is that full disclosure element. I can't say what is best. It may not make a difference, then again it could. i wish i could say one way or the other.

Posted

An arrest not resulting in conviction will not keep you from a law enforcement job. The appearance that you are lying or hiding something will. It is a good idea to run background checks on yourself through the State Police and the MVC to determine what exactly is on your background before completing applications.

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