DUI Arrest – Not convicted

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  • #174274
    lathomp
    Member

    Hi everyone,

    I have passed all parts of the exam and am now filling out the Licensure Application form for South Carolina. I was arrested for a DUI but was not convicted. All charges were dropped and I have more than learned my lesson. One of the questions on the application is:

    Have you been charged, arrested, indicted, convicted, pled guilty, of or pled nolo contendere for violation any Federal, State, or local law (other than a minor traffic Violation)?

    I know I should answer yes, but then I will need to submit details. I am not exactly sure what I need to submit. Does this need to include the arrest report or just the final resolution that charges were dropped.

    Any help is appreciated. Thanks!

Viewing 15 replies - 1 through 15 (of 15 total)
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  • #382096
    Anonymous
    Inactive

    You definitely need to answer yes to the question, but you knew that. I would ask the arresting agency for a copy of the arrest report and then get a copy of whatever was filed by the District Attorney's office that dismissed the charges. I think in this situation you need to have some proof (written and filed by the court) to substantiate your answer. You could also ask your local police department to run your drivers license and give you the print out just as back up. Someone else posted on here a long time ago that they had a DUI and it didn't stop them from being licensed. Good Luck and I'm glad you learned your lesson.

    #382097

    When I applied I had a similar question because I had been arrested for disorderly conduct and resisting arrest while in college (oh the good years) which was later expunged. After emailing the AICPA they told me I could probably check no, but to check with my state board of accountancy. Ohio told me to check yes and submit the necessary info yada yada…

    I think what I ended up submitting was a paragraph explaining what happened, the document from the court expunging/sealing the record, and the copies of the arrest reports. If you want to know exactly what you need I would check with the state board, but since you weren't convicted a paragraph explaining what happened and a copy of the the court dismissing the charges might suffice… I think it's definitely better to select yes and just submit the required documents rather than have it come up as an issue later.

    #382098
    Anonymous
    Inactive

    If you do not have anything on your record, and the court system decided to not convict you of this occurence why would you mark yes at all? I don't have experience in this area but in America you are innocent until proven guilty (which you were not).

    #382099
    musicamor
    Member

    I agree with @75Letsgo

    @Kricket–what is your reasoning for checking “yes?”

    Texas CPA - licensed in 2012!!!

    #382100
    red3biggs
    Member

    It's a 2 part question.

    Have you ever been arrested

    Have you ever been convicted

    I did not submit any 3rd party information regarding my arrest, but I did confirm the night of the arrest and the charges.

    In Texas I know you do not have to answer yes regarding conviction if your record was expunged.

    AUD: 8/17/2012
    REG: 4/29/2013
    BEC: 7/8/2013
    FAR: 1/16/2014

    #382101
    porschify
    Member

    OP would mark yes because the question is “Have you been charged, arrested, indicted, convicted, pled guilty, of or pled nolo contendere for violation any Federal, State, or local law (other than a minor traffic Violation)?”

    OP was arrested, so yes would be marked. Contacting the State Board of what they require is the best answer here as they will be the one reviewing the application.

    REG- 81
    BEC- 72,76
    AUD- 67,88
    FAR- 78

    Done!

    #382102
    red3biggs
    Member

    Oh, and short answer.

    Provide date and charge for the arrest. No convictions.

    I wouldn't even delve into why you were not convicted on the charges. If they need to know, they will ask you.

    AUD: 8/17/2012
    REG: 4/29/2013
    BEC: 7/8/2013
    FAR: 1/16/2014

    #382103
    mla1169
    Participant

    If the question in part asks if you have been arrested, and you have been arrested unfortunately the likely answer is yes. But definately check with your state board. I've never heard of someone being denied their license because of a DUI but answering a question untruthfully can certainly jeopardize you.

    FAR- 77
    AUD -49, 71, 84
    REG -56,75!
    BEC -75

    Massachusetts CPA (non reporting) since 3/12.

    #382104
    gtown2010
    Member

    A DUI can definitely prevent you from receiving a professional license – I know people who initially were not admitted to the state Bar Association because of a DUI.

    If you were arrested, regardless of whether you were convicted, you need to mark yes. Also, read the document carefully – a lot of times the “fine print” requires that you disclose everything and that you authorize the court to “unseal” your record. You might think you know how to skirt around these forms and questions, but trust me, these people have far more legal backing and have vetted the process for years. The last thing you want is a to receive a letter asking why you marked no when you should have marked yes – then they will assume you are a liar.

    Personal example: When I was applying for Bar admission, one of the questions was where was my residence during college. I put my parents' address because I did not live in one place during undergrad. I am from FL, but went to school in DC, and each year my address changed. I received a letter from the FL Bar asking to explain how I could go to college in DC and still live in FL. I explained it to them in a follow up letter, and they still requested the addresses of each place I lived in, even though two were dormitories.

    Better safe than sorry.

    FAR: 84
    REG: 85
    BEC: 83
    AUD: 10/12/12

    #382105
    Anonymous
    Inactive

    I would answer yes to that question because it says “arrested”. Guilt or innocence has nothing to do with that part of the question. Just my .02 worth.

    #382106
    msgolds
    Participant

    Yeah I've been having the same concern. I got caught with a little bit of pot when I was 19. I reported it on my application to take the exam and they didn't have any questions, but I'm hoping it doesn't affect me when applying for my license.

    BEC - 90 PASSED
    FAR - 84 PASSED
    AUD - 93 PASSED
    REG - 84 PASSED

    I DID IT!!!!

    Using Becker Self-Study

    "If we were put here to carry a great weight, then the very things we hate are here to build those muscles."

    #382107
    HighMileageDude
    Participant

    I would talk to a lawyer about how you answer the question on an application.

    #382108
    Maverick
    Member

    You stated “I know I should answer yes, but then I will need to submit details. I am not exactly sure what I need to submit.” Therefore, you know what to do. You learned your lesson. If your arrest happened a while ago and only once, then I doubt your moral character will be in question. If the court did not convict you, then why would the state board convict you? No one is perfect, and I am sure members of the state board have skeletons in their closets…and they are well aware of it.

    IMO, honesty and integrity is the best policy. Disclosure is basic to the profession.

    F - Passed...THANK YOU, LORD. GLORY TO GOD.
    B - Passed...THANK YOU, LORD. GLORY TO GOD.
    A - Passed...THANK YOU, LORD. GLORY TO GOD.
    R - Passed...THANK YOU, LORD. GLORY TO GOD.

    Ethics - 95

    Licensed CPA

    I COULD NOT HAVE DONE THIS WITHOUT MY LORD. THANK YOU.

    "According to your faith will it be done to you." Matthew 9:29

    #382109
    Chantel
    Participant

    For Texas, I told them I got a DWI and then I typed a small paragraph that said the date and what I got sentenced too. Which was a suspended license and breathalyzer. Someone contacted me, I had to meet with her and go to one AA or ACAN meeting if it is in your area and then I was done. This was for me applying to take the test though. I know if I were to ever get in trouble Again it may not be that easy.

    I would just include a paragraph stating what happened. I was arrested for DUI on whatever date, the charges were dropped at my hearing. Everything is clear on my record. Simple as that.

    AUD - NINJA in Training
    BEC - 75
    FAR - 90
    REG - 87
    AUD - 73 twice, third time's a charm!

    F - F ('12), 90 (Dec '15)
    A - F ('12), 73 (Feb '16), ? (July '16)
    R - 87 (May '16)
    B -

    #1947484
    Tiedem
    Participant

    Something similar happened with my cousin too and he is seeking my help. Now I know what to answer him. Though he had engaged a local Los Angeles DUI lawyer, still wanted to get my opinion as he believes a lot in me.

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