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0L here with a question about potentially being disqualified from government/prosecutorial jobs that require extensive background checks.

Short version: got arrested years ago for a DWI. It was my first offense so I got an ACD, and after completing a few months of probation the charges were dropped. About a year later I also had the arrest expunged. So there was never a conviction, just an (expunged) arrest.

I have no problem being forthright about this and I would disclose it on any job application. But my question is, would I be disqualified from getting a job as a prosecutor?

So long as its a typical DWI (no crazy circumstances that make it unusual), and no legal trouble otherwise, then it shouldn't be a problem. It also helps if it was many years ago, etc., and what you've done since then shows that it was an exception rather than the rule.

If you're tied with someone else, it can possibly be a tie breaker, so your goal would be to not be in that position where you're tied.

You might run into some trouble if you want to apply for a position with the DOJ. However, if you are able to keep your nose clean then you shouldn't encounter any problems.

ditch digger wrote:You might run into some trouble if you want to apply for a position with the DOJ. However, if you are able to keep your nose clean then you shouldn't encounter any problems.

What exactly differentiates a DOJ job? Is it just because they are more selective?

encore1101 wrote:So long as its a typical DWI (no crazy circumstances that make it unusual), and no legal trouble otherwise, then it shouldn't be a problem. It also helps if it was many years ago, etc., and what you've done since then shows that it was an exception rather than the rule.

If you're tied with someone else, it can possibly be a tie breaker, so your goal would be to not be in that position where you're tied.

Don't know if this qualifies as "crazy circumstances" but it was pot, not alcohol. Will they be able to view the arrest report?

Have definitely been completely clean since then, and it was many years ago.

I think it really depends on the circuit you're working for. Some are harsher than others. The jurisdiction I work for now probably wouldn't hire you, but that can't speak for all circuits.

I work at a district attorney's office where certain deputies get arrested for dwi. There are still employed.

swalbr wrote:

ditch digger wrote:You might run into some trouble if you want to apply for a position with the DOJ. However, if you are able to keep your nose clean then you shouldn't encounter any problems.

What exactly differentiates a DOJ job? Is it just because they are more selective?

I can't say for certain, but the DOJ has a large pool of applicants which does appear to be a plausible reason for their selectivity. I had a classmate who applied for an internship at the US Attorney's Office and was rejected because he had a five year old DUI.

Take this with a grain of salt. It all depends on your credentials and the personality of your potential employer. One solitary arrest won't help you and it won't necessarily hurt you. Don't let your past deter you from becoming a prosecutor, or anything else for that matter.

swalbr wrote:

encore1101 wrote:So long as its a typical DWI (no crazy circumstances that make it unusual), and no legal trouble otherwise, then it shouldn't be a problem. It also helps if it was many years ago, etc., and what you've done since then shows that it was an exception rather than the rule.

If you're tied with someone else, it can possibly be a tie breaker, so your goal would be to not be in that position where you're tied.

Don't know if this qualifies as "crazy circumstances" but it was pot, not alcohol. Will they be able to view the arrest report?

Have definitely been completely clean since then, and it was many years ago.

Nah, by crazy circumstance, I mean something that would have elevated the crime to something else, like you were driving on the wrong side of the road, sideswiped a bunch of cars, etc. Just keep your nose clean, be a stellar candidate otherwise, and you should be fine.

Thanks for all the replies. Seems like the general consensus is it won't necessarily hurt, but it might bump me out of the running in a jurisdiction with strict/selective criteria.

I definitely will not let this deter me from my goals. I just wanted to have some sense of what to expect, realistically.