Is an underage drinking and driving charge considered a misdemeanor in NC as far as job applications?

Asked over 1 year ago - Bethania, NC

My 23 year old son applied for a job. He checked his criminal record before filling out the application. it showed one "M" that was dismissed (drug paraphernalia) and one "T" (underage drinking and driving) The application asked about convictions other than traffic. He said no. He was hired and one week later after the back ground check he was fired for lying on his application. Later he was told that the "T" was traffic misdemeanor. this is confusing. How should he answer that in the future.

Attorney answers (1)

  1. Kenneth Love Jr.

    Contributor Level 18

    Answered . It really depends. Alcohol charges are never truly traffic charges. Traffic consist of speeding, driving without a license, parking infractions, and incidents such as these.

    Alcohol charges such as DUI and underage drinking are almost always "criminal charges." This being said it is a misdemeanor as opposed to a simple traffic charge. You may remember when he went through the ordeal...the general rule is that if jail time was a possibility, it was a criminal charge.

    He has to answer this question based on what is asked. You didn't say if the charge was dismissed or if he was convicted...you only mentioned the other charge as being dismissed.

    If he was convicted, then he has to report it as a conviction. If he was not, then he only has to disclose it if the question asks for charges and not convictions.

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