Got a ticket for Lobstering

[Superlyte27]

Now here is why you DO NOT want a conviction. Every day I have to explain to otherwise good people why they can't work for me because of the background check adverse findings. A conviction will pop up on you when you least expect it. Even if you own you company I have to have a clear BCG on the owners or companies I work with.

And a "withhold of adjudication" is the same thing as a conviction, because you are required to plea "nolo contendere" to get the withhold of adjudication. So, while you are technically "not guilty" because the guilty verdict was withheld, every background check I've answered asks if I've ever plead nolo contendere.

Trust me, if you can afford a lawyer, get a lawyer. Shoot for no criminal charges at all. If you fall short, at least you threw absolutely everything you could at it.

I wish I had spent 25k to get my misdemeanor gone when I was 18. It kept me from taking the Bar Exam. Later it delayed my securities license, to trade stocks, 9 months. It's kept me from better housing. I was forced to jump through many hoops to work for the department of education. All for a crime that required a $150 dollar fine that was much more insignificant than catching the wrong lobster.

 

[bilsant]

And a "withhold of adjudication" is the same thing as a conviction, because you are required to plea "nolo contendere" to get the withhold of adjudication. So, while you are technically "not guilty" because the guilty verdict was withheld, every background check I've answered asks if I've ever plead nolo contendere. .

I respectfully disagree. As you pointed out, there are processes where people with a withhold of adjudication and/or expungement of their record can eventually jump through enough hoops to sometimes get access to where they professionally want to go...though there are no guarantees.

But doors are slammed much harder and locked more securely with an adjudication of guilt by the court.

---------- Post added July 27th, 2013 at 08:23 PM ----------

This guy was spot on with most of his post. But this approach doesn't save you ANYTHING. For professional designations and licenses, and anything that's REALLY important, they don't care if it was expunged, or adjudication was withheld, etc. On virtually everything important in my professional life, I still had to disclose my expunged crap. And it cost me time and money to explain my situation. Sometimes I got the job or license, sometimes I didn't.

Again, I respectfully disagree. A withhold is certainly a second choice over the charge being dropped altogether, but there are some licenses and jobs that are accessible with that status that would not be if there were an adjudication.

Though please note I've "liked" both of your posts and applaud that you're offering "look what happened to me" advice to the OP. Bottom line is he should get an attorney if he thinks this in any way may affect him down the road...

---------- Post added July 27th, 2013 at 08:30 PM ----------

No, actually disturbing geese. They were goofing around, trying to rope geese like they were cattle and they got arrested.

Oddly enough, I tried that with some friends at a University of Pittsburgh field lab back in 1976. Alcohol was involved... fortunately nobody got arrested, but we were firmly informed we could get kicked out of school.

No real need for the warning though...anybody who's ever been drunk at one end of a short rope with a really p*ssed off full grown wild Canadian gander on the other end isn't likely to repeat the stunt. In retrospect, I think they may have been a bit sorry for me and my lumps.

 

[Superlyte27]

Let me rephrase...

In the eyes of most employers, a withhold of adjudication is the same as a guilty conviction.

 

[kelemvor]

Let me rephrase...

In the eyes of most employers, a withhold of adjudication is the same as a guilty conviction.

It's been a good fifteen years since I filled out a formal job application. I was under the impression that this meant you did not have to answer yes to "Have you been convicted of a crime?" I thought sealing prevented it from showing up on background checks? If not, what's the point?

Obviously government security background checks are going to be a different animal.

 

[Tom Winters]

There's two schools of thought here running here - man up, take it like a man, face the man..... and the other other crew saying to reanimate Clarence Darrow, John Marshall, and Felix Frankfurter and lurch into court with them on his defense team.

There are no guarantees in this life except that something like this [where it seems that the OP made a relatively minor mistake, and oh boy, what a day and what a place to make that mistake] NEVER is going away if it goes badly for him.

DUI used to be a relatively minor offense years and years ago - now you get booted out of the service for it. A guy I knew was formally relieved of command of his cruiser the day after his arrest. If the OP can get this matter dismissed in the most favorable way to him, then do it. It's going to cost - using a traffic ticket fixer might not be the best avenue. In Broward county, he might need a better class of fixer, but geez, nuke it right at the start.

 

[Superlyte27]

It's been a good fifteen years since I filled out a formal job application. I was under the impression that this meant you did not have to answer yes to "Have you been convicted of a crime?" I thought sealing prevented it from showing up on background checks? If not, what's the point?

Obviously government security background checks are going to be a different animal.

Sealing it still shows up on real background checks, like for Banks, Gov't, FINRA, NRA, etc.
Recently, I filled out an app for a large nationwide company that was based in Texas. I replied to the "convicted of a crime" question with "NO", as I spoke with my Judge and she said I wasn't technically guilty because adjudication was withheld. Well, Texas doesn't recognize "withhold of adjudication". They didn't even understand what it meant. I was point blank told that I lied on the application and denied the job. The Judge actually wrote the company a letter, and I was later given the job.

Just recently I filled out an application for FINRA, the Financial Industry Regulatory Authority, Inc. which governs securities licenses for trading. The form asked first had I ever been convicted of a crime. I answered "no", Then is asked if I had ever plead "nolo contedere" to a crime. I answered no. I submitted all the paperwork to the feds for the background check. It's been getting bounced back and forth for 8 months. Apparently, they don't care if adjudication was withheld because a condition of getting a withhold of adjudication is changing your plea from "not guilty" to nolo contendere. Which in the eyes of several employers recently, is pretty much the same as "we know you did it".

 

[tracydr]

Sealing it still shows up on real background checks, like for Banks, Gov't, FINRA, NRA, etc.
Recently, I filled out an app for a large nationwide company that was based in Texas. I replied to the "convicted of a crime" question with "NO", as I spoke with my Judge and she said I wasn't technically guilty because adjudication was withheld. Well, Texas doesn't recognize "withhold of adjudication". They didn't even understand what it meant. I was point blank told that I lied on the application and denied the job. The Judge actually wrote the company a letter, and I was later given the job.

Just recently I filled out an application for FINRA, the Financial Industry Regulatory Authority, Inc. which governs securities licenses for trading. The form asked first had I ever been convicted of a crime. I answered "no", Then is asked if I had ever plead "nolo contedere" to a crime. I answered no. I submitted all the paperwork to the feds for the background check. It's been getting bounced back and forth for 8 months. Apparently, they don't care if adjudication was withheld because a condition of getting a withhold of adjudication is changing your plea from "not guilty" to nolo contendere. Which in the eyes of several employers recently, is pretty much the same as "we know you did it".

With medicine, even if you've ever had a medical problem or psychological issue, you end up having to write a paragraph explaining the issue,which can keep you from getting malpractice insurance or a job. Even worse if you've ever been treated in a Pysch hospital, treated for drug abuse or,heaven forbid had a conviction for any crime, even a misdemeanor. It's a wonder any doctor is ever able to practice medicine!
I know where you're coming from!

 

[Tom Winters]

I wonder where this case is going. The few times that I've been in Floriduh, I've been watching "The New Orange is Black" on Netflix thinking, "Hey, you could wind up in some s#!thole like this for a game warden violation."
Strange times we live in, although I guess this is the case since, what? 8,000 BC...oops BCE...can't po all those non-Christian historians.

 

[kelemvor]

Any chance you'd be willing to post an update, ermaclob?

 

[jimw]

I'm guessing erma.... got a lawyer, and said lawyer said zipit!!