This Ought to Be Interesting

[Bassbob]

I can relate in a way. I had a DWI in 1981, was convicted, lost my license for 30 days, was fined the exact amount in my bank account by the judge, and so forth, and this was all just BEFORE the big stinky MADD (Mothers Against Drunk Driving) thing started--if it had all gone down six months later, I'd have been in BIG trouble. I quit drinking altogether in 1984, was very active in AA for the first three years, and celebrated 39 years clean and sober last September 18th. About 10 or 15 years ago I was laid off and unemployed for a long time and broke. I was so desperate for a job I checked into becoming a school bus driver, which was always pretty much my definition of "living hell." My county was equally desperate for school bus drivers; they had radio ads going, and tables at job fairs and so forth. I had a clean driving record save one minor speeding ticket years before since my DWI, so figgered I should be good, right? Oh, no. Turns out if you have EVER had a DWI, ANYWHERE, no matter how long ago or how clean your life since, you can NEVER be a school bus driver in my county (or maybe in my whole evil state, I'm not sure which). You are on DWI DOUBLE-SECRET PROBATION FOR LIFE! Ah shucks oh well, I didn't REALLY want the job anyway, and as it turned out, God had something MUCH better planned for me, but that's another story.

I hold a class A CDL with an X endorsement. Hazmat, passenger, the works. I've had 3 DWIs. The last one in 2000. The first two were in 1987-88.

 

[Old_Me]

I can relate in a way. I had a DWI in 1981, was convicted, lost my license for 30 days, was fined the exact amount in my bank account by the judge, and so forth, and this was all just BEFORE the big stinky MADD (Mothers Against Drunk Driving) thing started--if it had all gone down six months later, I'd have been in BIG trouble. I quit drinking altogether in 1984, was very active in AA for the first three years, and celebrated 39 years clean and sober last September 18th. About 10 or 15 years ago I was laid off and unemployed for a long time and broke. I was so desperate for a job I checked into becoming a school bus driver, which was always pretty much my definition of "living hell." My county was equally desperate for school bus drivers; they had radio ads going, and tables at job fairs and so forth. I had a clean driving record save one minor speeding ticket years before since my DWI, so figgered I should be good, right? Oh, no. Turns out if you have EVER had a DWI, ANYWHERE, no matter how long ago or how clean your life since, you can NEVER be a school bus driver in my county (or maybe in my whole evil state, I'm not sure which). You are on DWI DOUBLE-SECRET PROBATION FOR LIFE! Ah shucks oh well, I didn't REALLY want the job anyway, and as it turned out, God had something MUCH better planned for me, but that's another story.

first, congrats on the 39 years of sobriety.>!!

second, in trucking with the CDL license, one can go to a SAP program, (on thier dime), finish that and many "2nd chance companies" may give one a 2nd chance at a driving job...

but that is now, and i can also add that many of those 2nd chance companies treat some of those people with SAP, or ex-cons, treat them like......


but, if they can "keep thier noses clean", in short time, like as little as 1 year, can go onto better trucking jobs.

but too, there is a "clearing house" now in trucking, and all drug and alcohol related things there on a person with a CDL is stored, for a potential employer to not even bother with them.

so in the end.>??

it's still a "lifetime" punishment.

who's ultimate fault...was that..????

 

[Bassbob]

first, congrats on the 39 years of sobriety.>!!

second, in trucking with the CDL license, one can go to a SAP program, (on thier dime), finish that and many "2nd chance companies" may give one a 2nd chance at a driving job...

but that is now, and i can also add that many of those 2nd chance companies treat some of those people with SAP, or ex-cons, treat them like......


but, if they can "keep thier noses clean", in short time, like as little as 1 year, can go onto better trucking jobs.

but too, there is a "clearing house" now in trucking, and all drug and alcohol related things there on a person with a CDL is stored, for a potential employer to not even bother with them.

so in the end.>??

it's still a "lifetime" punishment.

who's ultimate fault...was that..????

Yeah, I was just forced to sign a form by my employer agreeing to allow some 3rd party company to inform my employer via this "Clearinghouse". Not going to make any difference with me though. Plenty of people here have gotten DWIs while employed and SOP is to give them one year and one day to re-obtain their Class A/ X endorsement before they permanently lose their bid and end up going back to being a laboror.

 

[Old_Me]

Yeah, I was just forced to sign a form by my employer agreeing to allow some 3rd party company to inform my employer via this "Clearinghouse". Not going to make any difference with me though. Plenty of people here have gotten DWIs while employed and SOP is to give them one year and one day to re-obtain their Class A/ X endorsement before they permanently lose their bid and end up going back to being a laboror.

from what you have said, your DWI's were well before the inception of the clearing house...it's since then, that CDL drivers need to be concerned about. you are well established where you are at now

 

[Bassbob]

from what you have said, your DWI's were well before the inception of the clearing house...it's since then, that CDL drivers need to be concerned about. you are well established where you are at now

I was under the impression that this clearinghouse goes back indefinitely. But then I never had anyone explain what it actually was. I got a single paragraph informing me I had to sign or I could no longer drive company vehicles. I got the impression that it was a requirement from DOT, not the company.

 

[Old_Me]

I was under the impression that this clearinghouse goes back indefinitely. But then I never had anyone explain what it actually was. I got a single paragraph informing me I had to sign or I could no longer drive company vehicles. I got the impression that it was a requirement from DOT, not the company.

yeah, DOT...but i am certain that before it was enacted/started, going back was not an issue.

Drug and Alcohol Clearinghouse

An online database that gives employers and government agencies real-time access to information about CDL driver drug and alcohol program violations.

clearinghouse.fmcsa.dot.gov

as i "read it" it'll go back 5 years from the date of violation...you were back much longer than that...."should be" a non-issue for you

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/how-long-will-cdl-driver-violation-records-be-available-release#:~:text=Guidance%3A,testing%20plan%2C%20whichever%20is%20later.

 

[Bassbob]

yeah, DOT...but i am certain that before it was enacted/started, going back was not an issue.

Drug and Alcohol Clearinghouse

An online database that gives employers and government agencies real-time access to information about CDL driver drug and alcohol program violations.

clearinghouse.fmcsa.dot.gov

as i "read it" it'll go back 5 years from the date of violation...you were back much longer than that...."should be" a non-issue for you

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/how-long-will-cdl-driver-violation-records-be-available-release#:~:text=Guidance%3A,testing%20plan%2C%20whichever%20is%20later.

Ah. Good to know. I got no worries then.

 

[Snake45]

Getting back to guns:

I'm aware of a case where a guy was convicted years ago (maybe decades ago) of something that at the time didn't bar him from firearms possession, but is now a big stinky no-no under the Lautenberg Amendment of 1996. He was prosecuted as a "prohibited possessor" for guns he owned long before Lautenberg and even before his conviction. This would seem to anyone who'd ever sat in on a single law school class as a clear violation of ex post facto, but the case went to US Circuit Court, which ruled--incredibly--that, uh, no, it's not. I'm watching and hoping for that one to go to SCOTUS, but unless/until it does, it's the law of the land in that Circuit, and can be used to abuse you in any "legal" way Uncle Sugar sees fit.

 

[Grayfox]

She made a mistake, non-violent felony, did her time and has been clean ever since. I see no reason why her rights shouldn't be re-instated.
In fact, I'd like to see the law changed so that any ex-felon who stays clean for 10 years or more can get all their rights restored.
Anybody can make a mistake. Especially when they're young. If you learn from that mistake and clean up your act, I see no reason to punish you for the rest of your life.

 

[ECS686]

thing is, as i recall, "doing the time" and getting out doesn't erase everything, that felony conviction is lifetime. meaning it does not restore rights.

sorry, but i am old school on some issues, and losing rights is one of the things that people ought to be aware of, when they are about to, or actually do the crime they were arrested for, charged with, tried and convicted of.

it's what "should" keep people on the "straight and narrow"

and YES, i know that can be a fine line to follow.

now too, i will say this, had she been tried in court, and found INNOCENT..??

then by all means, full restoration, even up to and including removing said arrest.

Since the thread touched on DWI let’s use that. In several states if you get 2 within a 5 year period or 3 in 10 it’s a felony. Someone non-violence no wreck gets pulled over 2 times gets a felony. Gets out of jail and cleans up gets sober. Wit your criteria should that person be SOL with any rights? (Talking expungement wasn’t a thing your criteria only)

The courts quit being a Justice system years and an is a Legal system

 

[papa]

Concerning felons getting their rights back , here are my thoughts for what they are worth.
1) Way to many things have been made into being a felony
2) If a person has proven over and over that they can't ( or won't ) follow rule of law , then they stay in prison or are given the death penalty dependent on the crime.
3) If a person is sentenced to prison and given 5 , 10 , 20 years , they serve that many years behind bars. No time off for good behavior or anything else.

With their sentence completed , they should then have all rights restored.

 

[powerboatr]

What state do you live in allows her to own/ possess firearms?

she lived in new mexico at the time, then tn and now nevada (waiting to see her on cops any day).
JUDGE gave her back the pistol after the divorce and YES the conviction had already found her guilty in the next county...i straight up fell on the floor in shock.
we raised hell with ATF, state people, etc....judge did not change her mind