I got a traffic ticket (failure to yield) in TX, was given Deferred Disposition and got the ticket dismissed after safety class and paying fines ($250). I got an Order of Dismissal form that states "Finding: Case Dismissed Discretionary DSC". I have not expunged this.
For a government job application (Questionnaire for Public Trust positions), it asks the question "In the last 7 years, have you been arrested for, CHARGED with, or CONVICTED of any crime(s)? (Leave out traffic fines of fees less than $150)".
Should I say YES? Technically (for deferred disp) I was not convicted but I still got the ticket (plead nolo -> deferred -> pay fine/course -> dismiss) and will it show on the govt background check? Also, b/c the fines were > $150 should I say YES even if the ticket was dismissed?
General Practice Lawyer
Tell the truth on any job application as the government is gong to run a background check that will expose any missteps on your part!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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General Practice Lawyer
Technically you were charged. You were cited You paid a fine of $250
Do not play semantic games with these forms. A charge of this nature, if it is the only thing you have, won't affect a suitability decision but misrepresentation in almost always a disqualifier.
If it is deemed material intentional falsification you can be debarred from government service for up to three years. Even if it was expunged you have to list it... If you can't be honest on these firms you are not honest enough or have the character to hold a position of public trust with the US Government.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
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