Can I sue a truck driving school to get my money back if I should have never been accepted by it because I have a felony?

UPDATED: Oct 15, 2011

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Can I sue a truck driving school to get my money back if I should have never been accepted by it because I have a felony?

I have a felony and cannot find a job because of the felony. I have been applying for a year to companies. I found out after I graduated that the school should not have even accepted me because of it. I paid in cash for the school, then when I graduated they said they couldn’t help me find a job like they promised because of the felony. They said they did a background check before I started and saw nothing wrong; they use the same company as the truck companies. Can I get my money back? I have to pay back a family member I borrowed from.

Asked on October 15, 2011 under Business Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you are entitled to a refund from the trucking school because of the felony conviction that you have that prevents you from getting your trucker's license, you first need to read your contract with the truck driving school in that the agreement (assuming you have one) sets forth the obligations owed to you by the school and vice versa in the absence of conflicting state law.

Potentially the document may have some reference as to the effect of a felony conviction and getting a trucking license.

The next step for you to do is contact another trucking school, and see what its protocol is as to advising possible students as to any challenges in getting a trucking license if one has a felony conviction.

From what you have written there is a possibility of a factual basis for getting your fees paid for the trucking school. You might consider consulting with a criminal defenses attorney about the possibility of getting your felony conviction expunged which could assist you in getting your desired trucking license. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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