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Must I report a DUI/misdemeanor possession of less than 1 ounce of marijuana arrest from 2000 on job applications?

Douglas, GA |

In 2000 , I was stopped at a road block . State patrol officers searched the car I was driving ( it wasn't my car ) and found marijuana . I was arrested for possession and given a DUI / misdemeanor charge . At the patrol office , I paid a fine and was released . Do I have to report this on job application now when asked about past convictions ? Does this arrest equal a conviction and would it show up on a background report ?

Attorney Answers 4


If what you paid at the patrol office was a bail rather than a fine, perhaps you don't have a conviction. If you had been convicted of DUI you would have lost your license and had to do DUI school, community service, etc.

IF you did that, then you have a conviction. If not, maybe you don't.

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If you paid a fine, you have a conviction. Therefore, you have to report it. Also, if any job applications ask about arrests, report those. If you want to know whether that conviction is listed on your criminal history, I advise requesting a copy of it through the local police department or sheriff's office.

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It's not entirely clear from what you posted whether the resulting charges were misdemeanors or may have in fact been infractions. If there was a DUI, you would have had other obligations in addition to paying a fine. If it turns out that you were convicted of infractions, then there is no duty to disclose. However, if they were in fact misdemeanors, and they have not been expunged, then you do have to disclose. Good luck.

Jasen Nielsen

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If you plead guilty to the charge you have to disclose it. It's rare that you are able to just pay this type of citation at the precinct. If you did in fact plead guilty and pay a fine at the station (and it wasn't bail) then you would have a conviction on your record. You should go pull your criminal history, and see if the charge shows as a conviction or just as an arrest.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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