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Do you have to disclose a sealed reckless driving case on a job application? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I Had a reckless driving charge and I had it sealed and expunged, this was 6 years ago I am now applying at a school district.  The position is bus driver, and on… Scroll down to read more!

May 13, 2015 / Michael A. Haber /
Q:     I Had a reckless driving charge and I had it sealed and expunged, this was 6 years ago I am now applying at a school district.  The position is bus driver, and on the requirement it states anyone with a reckless driving charge will be ineligible. I VERIFIED that it was SEALED AND EXPUNGED. I put on the app what happened, Should I even had applied?
A:    Selected as “Best Answer” by Asker on AVVO!
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1 lawyer agreed with this answer

James W Chandler
James W Chandler
Criminal Defense Attorney – Naples, FL

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Best Answer
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Answered . You cannot both seal and expunge; it is one or the other.

As to the application you must answer it honestly – per the exact (precise) language in the question (which you have not provided here).

That said, I suspect that it doesn’t much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2015 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you “buy back your information”, then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that’s a personal, not a legal, decision.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
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Asker
Posted about 12 hours ago.
Thank you, its clear i didn’t go to law school. I thought you could seal a record meaning it won’t be viewed by the public and expunge it which means those agencies would have to erase it. So in that case the record was expunged, and the question on the app is as follows: Have you ever had any arrest record sealed or expunged in which you were convicted, found guilty, had adjudication withheld, entered a pretrial diversion program, or pled guilty or nolo contender (no contest) to a criminal offense other than a minor traffic violation (DUI is not a minor traffic violation.) If yes, explain, giving dates:
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 11 hours ago.
The application is vague as to what constitutes a “minor traffic violation”, leaving wiggle room, but I suspect that as reckless driving is not a “minor traffic violation” (it is in fact a misdemeanor crime) then it would not be considered minor and you would have to disclose.

The way I read it the question seems to turn on whether you had it sealed or expunged. If it was sealed then you received a withhold; if it was expunged then your case was dismissed. Thus, if you received a withhold then the question requires a “yes” answer; and if your case was dismissed then we must ascertain why.

The question requires you to admit to an expunged case only if you entered PTD (pretrial diversion, which is also called PTI or pretrial intervention) but not for any other stated reason. Thus, if you have an expunged reckless and your dismissal did not come as a result of PTI then you can answer “no”. However, if it was a “wet reckless” (i.e. a breakdown from a DUI) then you likely received a withhold and will have to answer “yes”, but this is now sheer speculation and you need to know, not guess.

Again, I default to my original answer: “That said, I suspect that it doesn’t much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2015 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you “buy back your information”, then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that’s a personal, not a legal, decision.”

Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 11 hours ago.
Btw – Don’t sell yourself short; you have a fine understanding of the law. And thank you for the props. I greatly appreciate the feedback.
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Asker
Posted about 10 hours ago.
Thank you and i did enter a pretrail diversion program it was not a wet reclkess i had no substance or anything like that. Since i entered the pti it was nolle prosqui which mean it was dismissed and i did get it expunged.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 1 hour ago.
With that said, per the language in the question, “Have you ever had any arrest record sealed or expunged in which you… entered a pretrial diversion program… to a criminal offense other than a minor traffic violation (DUI is not a minor traffic violation.) If yes, explain, giving dates” you must both answer “yes” and offer an explanation.

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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