FYI . . . in WA . . .

[gardenmom5]

DUI's stay on your record f.o.r.e.v.e.r.   you might want to warn  your kids to think long term and how it could affect their future employment.

 

dd has a work friend who lost his last job due to a WA state dui from 22 years ago. (his one and only.  it prevented him getting a security clearance - in another state. so he lost his job.) 

 

she would love to bring him on with her as one of her minions (she knows him and his tech skills, and she has a huge tech mess to clean up. she's assessing her minions.) . . . but . . . again, the dui gets in the way because of how it can affect his ability to do his job (in this case - traveling to another country that wont' allow people in who have a dui on their record). . . . .

he's talked to lawyers about getting it off his record.   . . . it requires a governor's pardon.  if you can get it.  (hey, we have uber liberal inslee - he's got nothing to lose for trying, and everything to gain if it works.)

[Arctic Bunny]

Don't DUIs stay on your record everywhere? It's a big surprises people get when they can't just drive across the border to the states. After seven years you can go through the process of getting a pardon. And besides, you know, potentially killing someone, having a criminal record, it affecting your job and travel, is part of the conversation about drinking and driving.

[Lanny]

They are also very strict in NV.    Good luck to him getting the Pardon from the WA Gov!   Even if he gets that Pardon from the Governor, he will still need to report all of the details, when he fills out a Clearance application for Federal government departments.  The fact that it was 22 years ago is in his favor. The fact that it happened is a Huge Red Flag. I think there is a possibility he could get a low level Clearance (Confidential, possibly even Secret) if the employers Security office submits his application. and he provides all of the details in his original application for the Clearance.  If he tries to hide anything, he will be denied..

[gardenmom5]

Don't DUIs stay on your record everywhere? It's a big surprises people get when they can't just drive across the border to the states. After seven years you can go through the process of getting a pardon. And besides, you know, potentially killing someone, having a criminal record, it affecting your job and travel, is part of the conversation about drinking and driving.

 

most states are easier to purge your record.  it's more difficult in washington.  for his security clearance - he had to get one in all 50 states . . . . there was only one who wouldn't give it to him. (and it cost him a job.)  dd has to travel to canada (and germany). . . hop skip and a jump from here, but they didn't want to take him on because there's no guarantee he'd get in.  

 

young people don't' generally think about these things - but they live with them the rest of their lives.

[Janeway]

Don't DUIs stay on your record everywhere? It's a big surprises people get when they can't just drive across the border to the states. After seven years you can go through the process of getting a pardon. And besides, you know, potentially killing someone, having a criminal record, it affecting your job and travel, is part of the conversation about drinking and driving.

My SIL has a lot of DUIs and she just keeps getting them removed. In Texas. Plus they are otherwise very light on DUI here. Despite her many convictions, she always just gets probation. Probation does not seem to be closely monitored either.

Edited May 24, 2017 by Janeway

[heartlikealion]

I just read about this after reading your post and it says only one offense in a lifetime can be vacated there. I don't know if that is common or not, either.

http://www.lundinlawpllc.com/practice-areas/expunging-criminal-records-washington-state

[Farrar]

Dh had one before he got sober. He was required to do certain things at the time to get it expunged in some number of years. And it's no longer on his record. I'm all for harsh penalties for drunk driving, but I'm against nearly any penalty that follows you forever and makes it harder to turn your life around once you've "done your time" for whatever the crime was.

[Anne in CA]

My friend who lost custody of her kids had  a DUII from more twenty-three years ago mentioned as one of the reasons. You understood that right 23 years ago, but it was still counted against her. OMG. 

[Liz CA]

So Canada has an issue with admitting him to their country because he had a DWI 22 years ago? Seems rather harsh.

[Farrar]

I also was wondering about the Canada thing. Like, it's not like it's on your passport. And they don't have the records from every state right there at the border. Is that really a thing? Is it just that you can't drive?

 

They give DUI's here without testing you. I knew someone who was pulled over for a tail light, the cop asked if he'd had anything to drive ALL DAY and he was like, yeah, five hours ago I had a single glass of wine with dinner. He was taken to jail for the night and given a DUI. On the other hand, I'm pretty sure you can eventually get it off your record.

[Arcadia]

So Canada has an issue with admitting him to their country because he had a DWI 22 years ago? Seems rather harsh.

Apparently it is possible to be rejected entry into Canada. Not sure how accurate the link is.

 

"Why Does a DUI Make Me Inadmissible?

 

Driving under the influence is a relatively common offense. In the United States alone, there are about 1.4 million drunk driving arrests every year.

 

There are a number of ways for a drunk driving charge to appear on one’s record. Some common ones are:

 

Driving Under the Influence (DUI)

Driving While Impaired (DWI)

Driving While Intoxicated (DWI)

Operating Under the Influence (OUI)

Wet and Reckless (W&R)

Reckless Driving

Driving without Due Care and Attention

In order to protect Canada’s security interests, foreigners can be denied entry to the country for any number of major or minor offenses. It is prudent to research as early as possible whether the offense will pose a problem for entering Canada.

...

Deemed Rehabilitation – In the case of a single DUI conviction where more than 10 years have passed from the completion of a sentence, an individual may be deemed rehabilitated by virtue of the time that has elapsed. The line between rehabilitation and inadmissibility is not always clear.

 

“Even if somebody thinks they are rehabilitated, it may still be in their best interests to provide Canadian border officials with information explaining their situation,†said Attorney David Cohen. “For instance, they may choose to carry a legal opinion that clearly states how and why they are eligible to enter Canada.â€

http://www.cicnews.com/2014/05/entering-canada-dui-conviction-053391.html

[goldberry]

Wow I had no idea that people with DUIs from that long ago could be rejected for things. 22-23 years??  That seems really excessive.  Good to know though.

Edited May 24, 2017 by goldberry

[Arctic Bunny]

Because a DUI is an indictable offense here, similar to a felony in the US. And both countries can turn away anyone from gaining entry, but indictable offended/felonies probably have a pretty high percentage.

[gardenmom5]

I just read about this after reading your post and it says only one offense in a lifetime can be vacated there. I don't know if that is common or not, either.

http://www.lundinlawpllc.com/practice-areas/expunging-criminal-records-washington-state

 

thanks.  I'm sending it to dd to pass it on to her friend.  (who has hired a lawyer - but I don't think it was seriously persued.)

 

So Canada has an issue with admitting him to their country because he had a DWI 22 years ago? Seems rather harsh.

 

reminds me of a friend who was picked up because *he. has. the. same. name.* as their suspect. (never actually arrested, never charged.)  he was released within hours.  he was young and dumb and didn't understand he needed to get that cleared from his record.   he couldn't go to canada until it was cleared - 40 years later.

 

eta: I know he couldn't go - becasue last summer they were flying out of vancouver to go to europe - and the canadian gov't woudn't let him in until if was off his record.  they kept checking, and got it off barely in time for them to leave.

Edited May 24, 2017 by gardenmom5

[gardenmom5]

My SIL has a lot of DUIs and she just keeps getting them removed. In Texas. Plus they are otherwise very light on DUI here. Despite her many convictions, she always just gets probation. Probation does not seem to be closely monitored either.

 

texas was the one state that would NOT allow him a security clearance that cost him his job because of the dui on his record from 22 years ago.

 

eta: he got the dui in Washington.

Edited May 24, 2017 by gardenmom5

[Lanny]

OP if you refer to a Security Clearance issued by a Department of the U.S. Government (eg: DoD or DoE), there are attorneys who specialize in cases involving a Security Clearance. However, I believe that would be something to consider *only* if one has a clearance and is in danger of losing it, or, has already lost it and is going to lose their job. 

 

If you are referring to a "Security Clearance" issued by a state I have no idea of what that is.  

[gardenmom5]

OP if you refer to a Security Clearance issued by a Department of the U.S. Government (eg: DoD or DoE), there are attorneys who specialize in cases involving a Security Clearance. However, I believe that would be something to consider *only* if one has a clearance and is in danger of losing it, or, has already lost it and is going to lose their job. 

 

If you are referring to a "Security Clearance" issued by a state I have no idea of what that is.  

 

he would have to get it off his record, period.

it's a large multinational tech co. who does business with states and the federal govt.  dd had one at one time (for the same reason) - the only one of five in her group to actually get it.  so, not getting one is certainly not uncommon.  (though a previous boss did LIE about her and nearly cost her getting her clearance.  fortunately, the FBI agent she was working with didn't give up on her and it was straightened out.  we have a long-time family friend who is a barrister in our state, specializing in employment law - and we would have called him out of retirement for that. - the case would have been against the previous boss who LIED.)

 

as for her friend - it would be a security clearance for working with multiple states and the federal govt.  he's already lost that job, so that ship has sailed.  but neither can she bring him in to work for her (she's head of IT.) because he can't go to canada.

[Lanny]

I wonder, even if the person who is the subject of this thread could get a Pardon from the WA Governor, if that would eliminate the issue, with regard to a Security Clearance issued by the Federal Government.  There are certain kinds of behavior that might be overlooked (I suspect Recreational Marijuana use is one of those) and others that are not.  Any attempt by an Applicant to hide something in their background should result in a denial.

[gardenmom5]

I wonder, even if the person who is the subject of this thread could get a Pardon from the WA Governor, if that would eliminate the issue, with regard to a Security Clearance issued by the Federal Government.  There are certain kinds of behavior that might be overlooked (I suspect Recreational Marijuana use is one of those) and others that are not.  Any attempt by an Applicant to hide something in their background should result in a denial.

 

the federal gov't wasn't the problem in trying to get a security clearance.  it was the state of texas - even though the dui was in washington.  other's states granted it.

for what they were doing - they had to have clearances issued by states as well as the feds.