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What is Considered to Be a Conviction

An issue that comes up with some frequency is - What do employers consider as a conviction?

The below definition comes from the FMCSA 383.5 Definitions:

     
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to  comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

So, bottom line is that if you paid a fine, received probation, counseling, etc. - and whether the charges are later dropped, dismissed or even expunged - then at least for purposes of employment in trucking it is still considered to be a conviction.

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