If I got aDUI in another state, should I have told the judge at my hearing today?

UPDATED: Aug 17, 2011

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If I got aDUI in another state, should I have told the judge at my hearing today?

DUI at 16 in MO; I am now 40 and live in CO. I didn’t think to tell the judge when he asked if I had ever been convicted of anything? They said this was my first offense and I just was nervous and wasn’t thinking about when I was 16. When I went to apply for probation on the forms to fill out they asked if I had any juvenile records to tell. I did disclose it on the form. Will this make a difference that I did not disclose it in court today?

Asked on August 17, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the best of all worlds you should have told the judge about the prior drunk drive when you were sixteen years old as well as referenced that fact in the probation form you completed. However, I understand your nervousness and forgetting to answer the question truthfully.

From a practical standpoint, the chances of the prior drunk driving conviction while you were a minor twenty-four years ago in another state most likely will not be picked up concerning you current issue because: 1. as a minor, the conviction is most likely sealed, 2. even if not sealed, the written documentation was probably not placed into an accessible data base which could be retrieved presently, 3. the conviction was in another state. The chances of a misdemeanor conviction twenty-four years ago being retrieved by a computer search in another state seems remote.

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 AttorneyPages.com 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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