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Fingerprint-based criminal background check

Chicago, IL |

I was arrested for a DUI in IL, however I went to court and it was reduced to a Reckless Driving with Court Supervision. I am now in grad school on my way to becoming a teacher. A requirement for this is to submit to a fingerprint-based criminal background check and I am not sure what if to answer "yes" or "no" to being convicted any crime upon my circumstances. "Convictions include all felony or misdemeanor convictions. Convictions of driving while intoxicated or under the influence (DUI), and driving on a revoked or suspended must be reported.But, convictions that resulted in sentences of supervision in Illinois or traffic offenses other than DUI or driving on a revoked or suspended license should not be reported." Is my offense considered a misdemeanor or a supervision?

Attorney Answers 5

Posted

Is this for CPS?

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Asker

Posted

Yes, it is.

Melissa I. Smejkal

Melissa I. Smejkal

Posted

I had a client in the exact same situation. The client answered no but was called in onit because it was on the criminal record. A letter was written in response and the client was hired for the job. In the criminal law area you have not been convicted.

Asker

Posted

Was this letter written by an attorney?

Melissa I. Smejkal

Melissa I. Smejkal

Posted

No, the client wrote it and I just reviewed it.

Asker

Posted

I see. I went to the court house today to obtain a court disposition. It will be mailed to be. While I was at the court house I asked what's it say and as far as I know it does say that I got supervision for reckless driving.

Melissa I. Smejkal

Melissa I. Smejkal

Posted

In my opinion you might as well disclose it since they will see it anyways.

Asker

Posted

Yes , this will come up for sure. So should I just disclose that I had a supervision for reckless driving?

Melissa I. Smejkal

Melissa I. Smejkal

Posted

Based on my experience I would.

Asker

Posted

Thank you! You've been very helpful!

Melissa I. Smejkal

Melissa I. Smejkal

Posted

Good luck with the job.

Posted

If you received a sentence of supervision, you do not have a conviction on your record although your arrest will probably show up. You do have a misdemeanor on your record, but not a conviction for that misdemeanor. You are in he clear if that is all that is on your record.

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Asker

Posted

Thank you! That is all on my record so I should answer "NO" to ever being convicted of any type of crime. Is that correct?

Judy A. Goldstein

Judy A. Goldstein

Posted

Correct. You have never been convicted.

Posted

It sounds like you got supervision on the misdemeanor reckless driving. Supervision is not a conviction.

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Posted

I would suggest running your question by the attorney who defending you in the case, or another criminal defense attorney or employment attorney about this issue before you answer the question. We have a case pending about inaccurate background check reports, where the issue involves whether the resolution of supervision is a conviction or not, and there is a bad appellate case in Illinois that says you may be required to disclose supervision convictions to an employer if they ask the question in such a way that it covers supervision situations. In that case, the person wasn't hired because they were accused of providing a false answer to the question. The way they worded the question in your case, by only exempting supervision convictions that did not result from DUI or driving on a revoked license, suggests to me they want all DUI's disclosed.

The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does not create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.

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Asker

Posted

However, I have never received a DUI but a court supervision for reckless driving. Maybe I should just state that on the background check form? What do you think?

Tara Leigh Goodwin

Tara Leigh Goodwin

Posted

I agree supervision is different than a conviction but read the way they phrased their question carefully -- they are saying don't report some types of supervision cases but do report others such as DUI's. You need to ask an attorney who has actually seen the court records to answer your questions so that you answer correctly.

Posted

The way I read the above, a misdemeanor court supervision is not a conviction upon its successful completion, therefore, under the above criteria you avoid a reporting requirement of "to a Reckless Driving with Court Supervision".
You are welcome to seek a second opinion with another licensed attorney in person.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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