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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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