Maryland | DUI Law
Legal Question
I was charged with a DWI when I was seventeen years old and I am now 21. I am applying to be a substitute teacher and the application asks if I have ever been charged with/convicted of a crime. Do I need to say yes? Will this show up on my record when I am fingerprinted?
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Legal Answer
The answer depends on what the outcome of the case was. If you were convicted of any offense as an adult, then you would have to answer in the affirmative. If the charges were dismissed or you received probation before judgment, you may answer that you have been convicted of a crime. The charge will most likely appear in a records check.
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Law Office of William C. Wood, LLC 8289 Main Street, Suite 204 Ellicott City, MD 21043
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Legal Answer
The wording of the question is critical. Charged means accused and your answer would be yes to that, if you received a citation or charge papers and went to court for it. Convicted means that as a result of going to court a guilty finding has been entered on your record. If the charges were dismissed, or if you received probation before judgement, then you were not convicted.
What a record check reflects depends on what records are searched, who is searching them, and whether you petitioned for expungement. You may petition to remove dismissed charges from the public record, but law enforcement will always be able to find it. It is hit or miss whether a fingerprining will reveal prior charges, unless you were fingerprinted for the prior charges.
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William L. Welch, III Attorney 111 South Calvert Street, Suite 2700 Baltimore, MD 21202
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