Background

[LincolnH52]

What is the name of your state? Florida

 

[LincolnH52]

Will a DUI in NJ require me answer YES to the question ‘Have I been convicted of a crime?’ When applying for a job in FL?
My DUI was 7 years ago in NJ. I now live in FL, applying for a job. The application asked if I’ve ever been convicted of a crime, and since a DUI is a traffic violation in NJ, I answered NO. In FL, where the job is, a DUI is a criminal offense. There were no other questions related to background, so I have not disclosed the DUI. My concern is that the potential FL employer will view the DUI as a crime, although in the state of offense, it is not.

 

[PayrollHRGuy]

You haven't lied on the application but you are correct, the employer may see it as such.

 

[quincy]

Will a DUI in NJ require me answer YES to the question ‘Have I been convicted of a crime?’ When applying for a job in FL?
My DUI was 7 years ago in NJ. I now live in FL, applying for a job. The application asked if I’ve ever been convicted of a crime, and since a DUI is a traffic violation in NJ, I answered NO. In FL, where the job is, a DUI is a criminal offense. There were no other questions related to background, so I have not disclosed the DUI. My concern is that the potential FL employer will view the DUI as a crime, although in the state of offense, it is not.

For clarification purposes: A DUI/DWI can be criminal offenses in Florida. Assault by auto can be charged if a traffic offense causes injuries or death.

Presumably your traffic offense did neither.

 

[LincolnH52]

You haven't lied on the application but you are correct, the employer may see it as such.

Thank you for the reply. There was no place on the background paperwork that asked about traffic violations, therefore I did not provide this detail. My traffic offense did not lead to criminal charges.

 

[FlyingRon]

I'm sorry, but the original premise is wrong. DUI in NJ is not just a "traffic violation." The confusion here comes from the terminology NJ uses for their criminal offenses. What they specifically call "crimes" are what every other state calls "felonies." The other classifications of criminal offenses are disorderly persons offenses (which everybody else calls misdemeanors). You were convicted of what any state other than NJ calls a crime. In New Jersey, you WERE convicted of a criminal offense by their definition (which includes crimes and disorderly persons offenses).

 

[LincolnH52]

New Jersey law states that a DWI is a traffic offense not an indictable crime (felony) or disorderly persons offense (misdemeanor). If a motorist is convicted, then the conviction appears on his or her driving record. ... Although DWI is a serious traffic violation it is not a criminal act. Additionally, legal representation, as well as the judge indicated this was not a criminal act. Your response is the first I am hearing this, and causes me great concern, as I have selected "no" to the question, have you been convicted of a crime?

 

[FlyingRon]

Sorry, I was mistaken. DUI is not a disorderly persons offense, but often you can be charged with disorderly conduct for being drunk in public coincident with the DUI. If you were only convicted of the DUI you do not have a NJ criminal record.

What you do need to be careful of is getting another DUI in Florida. They will count the prior out-of-state DUI no matter how the other state classifies it.

 

[HighwayMan]

I wish I would have known all this 15 years ago. I locked up a guy in for a DWI in NY. A license check showed a prior DUI in NJ but since his criminal history showed nothing the ADA didn't want to charge him based on a prior conviction and instead charged him as a first timer.