When to report a DWI on an application?

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When to report a DWI on an application?

If convicted of a DWI 4 years ago (sentence was license revoked for 1 year and attending a youth alcohol program – which basically qualifies as a misdemeanor), must I report this when asked in application forms (jobs/schools)? The question is asked in different ways such as, “If you have ever been convicted of, or pled guilty or no contest to any felony or misdemeanor (excluding minor traffic violations) please report below” or “Please explain any criminal conviction, criminal charges sustained against you in a juvenile proceeding, and/or court-supervised probation.” I have also read that “Under MA law, you may exclude from your answer any first convictions for the misdemeanors of drunkenness, simple assault, speeding, minor traffic violations…”  If this were correct, would it mean I am able to exclude my DWI from my answer to this question in any state because the DWI occurred in MA? Or does it mean that I can exclude the DWI only when answering this question in the state of MA?

Asked on September 14, 2011 under Criminal Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The way I understand your question with respect to the questionaires that you have been reading for job applications is that in order to completely and honestly answer the forms for the job application process that you are undertaking is that you need to set forth your prior misdemeanor conviction for driving under the influence of alcohol or a controlled substance.

You might consider meeting with a criminal defense attorney to see if you can have your misdemeanor conviction "expunged." An expungement if approved could eliminate this conviction as a matter of law where you would not have to even place it down on any job applications.

The key is to determine if you qualify for an expungement.

Good luck.


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