# Question..



## cbrick (Oct 6, 2007)

If this has already been asked before, I apologize, but I could not find anything similiar to my question when I searched.

My friend and I are taking the Amherst Police exam on Jan 26. He is concerned about his background check. He was pulled over and arrested for DUI, but it was dismissed in court. How will this affect him in the hiring process?


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## Guest (Jan 19, 2008)

Your answer is HERE


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## OutOfManyOne (Mar 2, 2006)

Doesn't matter that it was dismissed especially on a non-civil service PD. Civil Service PDs it might be ok as they have rules from CSC that tell the PDs what they can disqualify you for. Non CSPDs can disqualify for anything, same as MSP can. Also the background officer will go to that PD and pull the police report. I don't know how he got a dismissed, maybe first offender program CWOF and then dismissed or a not guilty. But if its dismissed after a CWOF or program than that is a GUILTY.


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## WaterPistola (Nov 4, 2007)

so all CWOF's for any crime equals a guilty? continued without a finding = guilty?


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## OutOfManyOne (Mar 2, 2006)

Under Massachusetts Criminal Laws, agreeing to a *Continuance without a Finding* is not the same as pleading guilty. Technically, it is an admission that "there are sufficient facts to find you guilty" of the charges. Pleading to a CWOF will happen at a pre-trial conference as part of a plea agreement, if your attorney can get the prosecutor to agree. A continuance  without a finding is also sometimes called a continuation without a finding, or a *CWOF* (pronounced "quaff"). It is similar to a *nolo** contendere*, or *no contest* plea in other states. A continuance plea may be available to you in Massachusetts Criminal Courts if you are facing *misdemeanor* charges for drug or marijuana possession charges, assault, 1st offense OUI charges, many driving charges such as operating on a suspended license or without a license or insurance, reckless driving / operating to endanger, and other misdemeanor first offense MA criminal charges. 
If your case is continued without a finding, it can help you in cases where a finding of guilty would cause you problems in your career or educational opportunities. Some job applications ask you if you've ever been found guilty of a crime, and you can honestly answer "no". A guilty plea vs. a cwof may make a difference for certain law enforcement careers, security clearances, the right to own certain firearms, eligibility for certain scholarships or financial aid, or many other reasons.
A CWOF will not make any difference vs. a guilty plea if you are found guilty of the same offense in the future. It will stay on your record, and will absolutely be used against you in the future if you are charged with a second offense. 
Like I said you can be charged with second offense the next time for an OUI. If you get a Not Guilty for 1st OUI,, 2nd OUI is now still a first.


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## WaterPistola (Nov 4, 2007)

thanks for the explanation, and don't be so angry many!


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## cbrick (Oct 6, 2007)

There was no charge. He had to pay a speeding ticket. He was not convicted.

but being detained will be on his record....


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## OutOfManyOne (Mar 2, 2006)

cbrick said:


> There was no charge. He had to pay a speeding ticket. He was not convicted.
> 
> but being detained will be on his record....


 OK then but this is what you posted boy 


> He was pulled over and arrested for DUI,


P.S. Are you sure this isn't about you. BE careful coming on this site asking this crap as people from Amherst PD are on here too. Not too hard to figure out who the OUI drunk was and embarass the shit out of him during the test.


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## cbrick (Oct 6, 2007)

I just need to know that if a person is not convicted of a DUI, can he still become a Police?


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## WaterPistola (Nov 4, 2007)

so now its "I"...hmmm


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## cbrick (Oct 6, 2007)

Nice Try.

Every one reading this thread knows what *I* mean.


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## AdamJ1984 (Oct 5, 2006)

Just speak the truth outright, don't make us Polish people the targets of any more jokes, please.


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## 94c (Oct 21, 2005)

WaterPistola said:


> so all CWOF's for any crime equals a guilty? continued without a finding = guilty?


Reader's Digest version.

A CWOF usually comes with a probationary term. (6months, a year)

If you stay trouble free then it turns into a dismissal.


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## WaterPistola (Nov 4, 2007)

dismissal after the probationary period correct? *I* heard it can stay with you for a while incase you get in trouble again though.


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## wgciv (Jan 4, 2007)

WaterPistola said:


> dismissal after the probationary period correct? *I* heard it can stay with you for a while incase you get in trouble again though.


The charge will actually remain on your BOP. Along with your charge it will indicate the status of the charge. If you take a CWOF it will show CWOF until such time the charge is dismissed. Then the charge will appear with a dismissed status. Regardless, the charge is there forever and the charge alone will raise questions with the background investigators and will require explanation / justification on your part. We all know that there are defense attorneys out there who make livings on beating OUI's on technicalities. We also know that if an officer arrests for an OUI that the arrestee was, in fact, OUI. Basically, a dismissal of an OUI will not carry much weight, especially in the eyes of the trained police professional conducting the background. Good luck justifying!



Sniper said:


> Your answer is HERE


:L:


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## JoninNH (Jan 29, 2004)

Just tell the guy no, he has no chance. Go work EMS.


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## 94c (Oct 21, 2005)

wgciv said:


> The charge will actually remain on your BOP. Along with your charge it will indicate the status of the charge. If you take a CWOF it will show CWOF until such time the charge is dismissed. Then the charge will appear with a dismissed status. Regardless, the charge is there forever and the charge alone will raise questions with the background investigators and will require explanation / justification on your part. We all know that there are defense attorneys out there who make livings on beating OUI's on technicalities. We also know that if an officer arrests for an OUI that the arrestee was, in fact, OUI. Basically, a dismissal of an OUI will not carry much weight, especially in the eyes of the trained police professional conducting the background. Good luck justifying!


Absolutely correct.

Here's what happened without even knowing the guy.

He got bagged for OUI. Refused the Breath Test. Pushed for a speedy, jury-waived trial, and the liberal judge found him not guilty.

Hopefully the department has the booking video which will speak wonders regardless of how much he paid his lawyer to get in front of Judge ___________.

And don't forget, he'll get his license reinstated before he finishes serving his registry suspension for the refusal.


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## Guest (Jan 19, 2008)

Your friend (or you as the case may be) is in for an uphill battle. Good luck to him (you), as there are way too many qualified candidates (me and people I work with) trying to get on municipal departments, and we don't have OUI's. Seriously though, tell us what you, I mean your friend, would tell your background investigator about that dismissal. We'll help you polish your story.


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## Edmizer1 (Aug 27, 2006)

The guy might get a job at some point on some PD. It will depend on his age, experience, and the length of time since the OUI. Unfortunately for him, Amherst PD is a very strict enviorment. They simply will not appoint anyone with an OUI. He might as well not even show up for the test. Amherst is a good place to work, but they do not stand for any nonsense. They have no problem firing someone they don't care for.


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## JoninNH (Jan 29, 2004)

Oooh! Have him apply at Mass College of Art Police! That might be a good move for him.


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## WaterPistola (Nov 4, 2007)

Edmizer1 said:


> The guy might get a job at some point on some PD. It will depend on his age, experience, and the length of time since the OUI. Unfortunately for him, Amherst PD is a very strict enviorment. They simply will not appoint anyone with an OUI. He might as well not even show up for the test. Amherst is a good place to work, but they do not stand for any nonsense. They have no problem firing someone they don't care for.


no kidding, you can't have someone who has an OUI arresting stupid college kids for OUI, hypocrisy I TELL YOU!


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