question about job app: "Have you ever been convicted of a crime"

[krazE]

Many years ago when I was a minor/juvenile, I was arrested for being under the influence of a controlled substance (ecstasy). I did not have possession, but I did confess I was under the influence to the arresting officer. Thereafter, I attended juvenile court and the judge gave me informal probation for 6 months. I successfully completed the probation period and the judge "suspended" my case. At no time was I asked to plead.

So would I be required to check yes on an application?
Also, is there any way I can check my records?

Thanks for any help.

[giraffe205]

You should check your record. I'm not that familiar w/ the criminal justice system as it applies to minors, but I would imagine that they cannot force you to do probation w/o at least pleading no contest. You may just not remember it that well since perhaps your parents handled most of it for you.

If you were convicted, then put yes. Explain and move on. If you haven't had any other problems, and can pass a drug test if asked, you should be fine.

[krazE]

That's what I was thinking: probation is an alternative to jail time. However, I remember I was confused because I did not plead, leading me to believe perhaps the juvenile system works differently. I did have a lawyer, but I'm not sure if they have power for pleading.

[lipper]

If you know who the lawyer was who represented you, call their office. If not, call the court clerk at the court you appeared.

One of the two will have a record of what you plead to, if u plead at all.

Also, if u call the court clerk, I would also ask if your records are sealed. I believe that most, if not all, juvenile records are sealed. If they are sealed, I would also ask, who has access to them, as well as if your court record is sealed, is your arrest record sealed as well. They might be the same thing - of course, if they are sealed, and only certain government agencies have access to them (which i believe is the case with sealed records), then dont disclose anything to your prospective employer. There is no way they can find out.

[dft]

If it's an consolation, most of the "ecstacy" out there is actually amphetamine (speed). Amphetamine has been proven to be fairly safe in moderate doses (in fact, it, or it's chemical relatives are prescribed for all sorts of ailments from obesity to ADD).

True ecstacy, the designer drug MDMA, is probably not as safe and less is known about its effects.

Then again, you seem concerned with your arrest history and its impact on your law school applications, rather than the long-term effects that the drug may have had on you.

[krazE]

Thank you very much for the advice everyone.

Also if I am not mistaken, it is not illegal to be under the influence of a controlled substance? There was a case that outlawed the arrest/conviction, as it was seen as an illness. Maybe as a juvenile, I was not protected or perhaps juveniles receive rehabilitation? I do remember attending a drug class.

[krazE]

Lipper, I just called the court and all I can say is you gave some VERY worthy advice. Thanks again.

[Coregram]

Thank you very much for the advice everyone.

Also if I am not mistaken, it is not illegal to be under the influence of a controlled substance? There was a case that outlawed the arrest/conviction, as it was seen as an illness. Maybe as a juvenile, I was not protected or perhaps juveniles receive rehabilitation? I do remember attending a drug class.

Glad to hear you got an answer to your problem.

However, you are mistaken if you think that being under the influence of a controlled substance is not illegal.  It most certainly is, as being under the influence is considered an act. 

The case you are referring to related to a law making it illegal to be addicted to drugs.  Being addicted to something is considered a status/illness and you can't be arrested merely for being addicted to something.  But once you feed the addiction and become under the influence, you have commited an act that can be punished under the criminal system while you are under the influence.  The crime isn't being addicted, it is being under the influence.

[krazE]

Thank you very much for clearing that up.

I took a trip down to the juvenile court and the record reveals the case as being "dismissed" because I completed the aforementioned conditions. It also read the charge was "terminated". Any further insight would be greatly appreciated.

[LostMyMonkeys]

"dissmissed" is very different than "convicted".

Your record says you wer enot conviceted, rather your charges were dismissed. if it were ME, I would not reveal it.

When you were there did you also ask your record to be sealed? Contrary to popular folk lore, juvenile records are not automatically sealed, rather in most jurisdictions they have to requested to do so. Not that that affects the 'honesty' portion of yes or no on conviction, but if push came to shove, having the records sealed is the desired outcome.

But my understanding and interpretation (from 8 years in law enforcement and numerous background investigations) is that you were never convicted in the first place.