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

Asked almost 2 years ago - 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)

  1. Ivan Raevski

    Pro

    Contributor Level 13

    6

    Lawyers agree

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    Answered . 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... more
  2. Eric M. Mark

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  3. Mark M Cheser

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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.

  4. Charles K. Kenyon Jr.

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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