USAO Internship? Forum

[lawwwyerd]

I've been offered an internship at a USAO. 2 1/2 years ago (summer of 2016), I was arrested for & charged with a DUI. The charges were knocked down to reckless driving, a traffic violation in the state I'm from. The records were sealed, I paid a fine, & I enrolled in counseling for about a month.

This was obviously a horrible mistake. My question: will it prevent me from being able to take the internship? I'll obviously disclose it. I've had no incidents since then -- not even a traffic ticket.

[Anonymous User]

Unfortunately, a DUI might be an issue. Disclose it to whoever extended you an offer ASAP, as they'll probably know best how to proceed and what your options are (if any).

[lawwwyerd]

Thank you for the advice. Do you think this remains true even though I was never convicted of a DUI, just reckless driving?

[lawwwyerd]

Thank you for the advice. Do you think this remains true even though I was never convicted of a DUI, just reckless driving?

[lawwwyerd]

Thank you for the advice. Do you think this remains true even though I was never convicted of a DUI, just reckless driving?

[lawwwyerd]

Thank you for the response. Do you think I have a better shot since I wasn't charged w/ a DUI, just reckless driving? In the interview, the AUSA said "criminal convictions" might be an issue, & since I have no criminal convictions, I thought I would be in the clear. The more research I do, however, the more worried I feel.

[Anonymous User]

I would reach to HR within your office and ask them about what questions you’re going to have to respond to in you e-QIP federal background investigation. If it was reduced to a lesser charge, you might just describe it as such, but I’m not 100% sure.

HR in my USAO was extremely helpful when I was working on submitting extra paperwork (mental health challenges for which I sought professional help) connected to my background investigation. I wouldn’t wait though. My background investigation cleared like right before I started working— two weeks later than I wanted to start. I don’t want to scare you, but being proactive is much better than finding out the week before you’re going to start that you’re not cleared. I think with these things, it’s not an automatic no that you were charged with a DUI— it’s a matter of how you responded to that incident and learned from it. The bottom line is they want to make sure that you can serve in a public trust position. i.e. that there’s nothing that will impair your reliability and judgment within your capacity. Expect that you might have to provide support for that and that the process may take longer than usual if you have marks on your record that you need to disclose. I don’t know anyone personally that’s been in this situation exactly... but I do know that reaching out to HR sooner rather than later is ideal.

Regardless, I highly recommend USAO internships! Mine really kickstarted my future in federal government practice and it was such a great learning and networking opportunity.

[Anonymous User]

You have nothing to worry about. No one will ever know you were initially charged with DWI.. and traffic records don’t really show up, since it was marked as a traffic stop type of deal. At most, you may have to disclose it. Just disclose the fact if they ask, depending on what they ask, if you have traffic violations... then you can disclose this. In my experience, no one asks for traffic violations; however, your traffic violation may come with collateral consequences. Reckless driving could be seen as a crime of moral turpitude... but you said it’s a traffic violation...so it’s not an issue. If they are searching for moral turpitude crimes however, despite it being a traffic violation, for example, failure to maintain financial responsibility, and your record is sealed, don’t disclose. If not sealed, then disclose. Again, your record likely will not show you were initially charged with DWI... it will just show what you pled to and what the charges were. I’m not sure how you sealed this though since you paid a fine. But again if it is sealed, you likely will not have to disclose.

Furthermore, even though your record is sealed, most government agencies still have access to them. However, to really dig deeper into them, they need an order from the judge. If they find anything since they are a government agency, they will see it is sealed, and will stop there. They won’t fault you for not disclosing since it is sealed and you have a document in hand to prove it otherwise. They won’t even look any further. They won’t spend time seeking an order to go into your sealed record from the judge. Again, it comes down to if it really is sealed or not. Word of caution, if you have doubts talk to HR, as mentioned above. Otherwise, don’t trip over this. Even more so, federal agencies don’t really follow state laws on sealing. Why is that? Because they are a separate sovereignty. However, most agencies respect state laws when it comes to sealing and will abide by the state sealing laws. Since the state sealed your record, the agency will abide by it even though it has no obligation to because a federal judge did not grant the order. Ultimately, you are making this a bigger deal then it really is. Don’t let it stop you! Go get that internship.

Since your record is sealed, I would not bring it up.... if they do find something, be honest and upfront about it and tell them in good faith that this record is sealed/ you in good faith believed it to be sealed, and this is what happened. Have the sealing document ready in hand with you. No one will fault you for this. Look man, you are not the only one with things like this on your record. Try not to worry so much. I’m a licensed attorney, and I’m far from perfect by any means. Although I don’t have a criminal history, I have had my run ins with the law and managed to dodge any consequences.

[nixy]

I feel like the post above isn’t really correct. Disclose exactly whatever the form asks you to disclose. I don’t know off the top of my head whether the wording of the question would require you to disclose the DUI charges as opposed to what you pled to but it might. If it does, you disclose them. Saying “but I thought it was sealed” will not help you because the question certainly won’t exempt you from answering about sealed matters.

So it may be possible that all you need to answer is the charge of conviction. But don’t hang your hat on “I didn’t have to disclose because it was sealed,” that won’t get you anywhere.

(I suspect you will be fine, OP.)

[cavalier1138]

Disclose exactly whatever the form asks you to disclose.

Ditto on this. If I recall correctly, the forms you fill out ask both about convictions and charges/arrests. It doesn't matter if the record is sealed; failing to honestly answer that question would be a much bigger issue than the underlying event.