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Will an open intox (passenger) show up on FBI/BCI background checks?

Monroe, MI |

I received a ticket for open intoxicant while a passenger in a vehicle. The alcoholic beverage was a mixed drink in a mason jar, closed, and was never drank out of (filled to the brim). I was not drinking (nor the others in the vehicle) and was intending on drinking it at a bonfire later. The officer's explanation for the ticket was that because it was not "technically" sealed or store bought that it was considered open. I plead not guilty and am awaiting pre-trial conference. On my ticket it is marked as a misdemeanor. Guilty or not, will this show up on my criminal record? This is my first offense. I am a nursing student getting ready to graduate and am dreading how this will affect me applying to boards and future jobs. Any advice?

Attorney Answers 3

  1. The way to handle this is to ask the prosecutor to allow you to plead in exchange for a dismissal if you do not get into trouble within a certain period of time. That way, the entire matter is dismissed. However, keep in mind that if they do character and fitness, like lawyers have to go through, and they ask if you have ever been arrested, you would still have to answer affirmatively. A friend of mine got into trouble by forgetting to mention an arrest when the question was posed in that manner.

  2. Yes, guilty or not, it is a misdemeanor, and it will show up on your criminal record as an arrest. You should consult with an attorney who can assist you in protecting your record moving forward.

    My answer to this question is for general informational purposes only and does not establish an attorney-client relationship. You should seek the assistance of an attorney to determine the best approach and potential consequences for your situation.

  3. Unless the court sentences you where the charges are dismissed when the court is satisfied, it will show up. Regardless, your arrest record will remain. It cannot be removed or expunged.

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