Q: I am petitioning to change my name through the local clerk of court. The paperwork that must be filed has the following
options for stating whether or not you have a criminal history: “I have never been arrested for or charged with, pled guilty or nolo contendere to, or have been found to have committed a criminal offense, regardless of adjudication.” OR:
“I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:”
I had a dui 4 years ago that I completed a pre trial intervention program for and it was reduced to reckless driving with alcohol.
I then went through the legal process of having the case sealed about 2 years ago. It no longer appears when my name is searched on the county website and I recently passed a background check that showed no criminal history. How do I answer the question on the name change petition? Am I legally allowed to answer no since I had the case sealed?
A:
As I always do, I am going to take sides with your grandparents and parents, you know, the smart ones who told you that "honesty is always the best policy."
Regardless of how you would like to spin it, you were "charged with a DUI," which meets the wording of choice #2. So my strong advice is to select choice #2 and explain your situation in the margin or on a separate piece of paper. Or at least write: "Please let me explain."
Why? Because there are only two outcomes:
1. You can be honest and not be hired; or
2. You can be honest and may get interviewed and hired; or
3.. You can try to hide your criminal arrest record, get interviewed and hired, then probably be discovered later and fired, adding another black mark to your record.
Pamela J. Fero agrees with this answer
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