Do misdemeanors or arrests like DUI/OUI report to other states ? If not, can I leave off the application?

Asked about 2 years ago - Los Angeles, CA

Specific example: Would a DUI/OUI conviction or arrest in Michigan show up in Nevada on a background check for employment or on a background check by the respective Board to obtain a license to work as a Licensed Therapist?

Attorney answers (6)

  1. David Mark Wallin

    Contributor Level 14

    9

    Lawyers agree

    Answered . As we are the United Stetes of America, normally, an arrest in 1 state will show up in all the others. However, in my 20 years as a defense attorney, that has not always been the case. So all I can say is NORMALLY it will show up....but not a guarantee.

  2. Benjamin J Lieberman

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you were convicted of a criminal offense it will most likely show up.

  3. Mindy H McQueen

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . Was it a conviction or an arrest (you question listed both)? If it was an arrest only, you may not have any issues, since most applications only ask if you've ever been convicted of any offenses. If you were convicted, on the other hand, it will probably show up and may cause you problems with the licensing board. If you were actually convicted, you should consider having the case dismissed in Michigan via expungement. The Board may view that more favorably--either way, you would be best served to check with an attorney with a specality in licensing matters in Nevada.

  4. Zev Goldstein

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . If it will show on a search is one question.
    Your being allowed to answer "never convicted of a misdemeanor" is another.
    Another question you want to ask a local attorney (license expert) is will the board disapprove you on account of a DUI.
    Best of luck to you.

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  5. Peter Francis Iocona

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It will likely show up as the exchange of information between states has increased since 9/11 and national background checks are now cheaper than ever to conduct. Better to disclose and explain than to get caught in an omission, especially when dealing with a Board.

  6. Joshua Stephen Alexander

    Contributor Level 10

    1

    Lawyer agrees

    Answered . That's a great question. The first thing you should do is go consult with a local lawyer in your area.

    Please feel free to review my AVVO profile and website. I consult and handle criminal cases throughout Florida and family law, and civil cases in North Florida.

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