Got an out of state DUI 5 years ago. Eventually resolved pleading guilty, and my lawyer sent me a letter saying I had to plead to fines, 48 hours jail, and probation. I agreed to that deal and showed up to court and signed the papers. Only after looking at the papers in detail, did it also say community service and drug and alcohol counseling on the official court sentencing order. I asked my lawyer about that, and he said that he got it “waived” because I was an out of state offender and don’t worry about it, but they have to check that off on the official paperwork due to mandatory minimum laws. He said that the matter is closed, and I believe him, but the paperwork still stands…
What do I put down as my sentencing? What about “if I have ever been ordered to seek alcohol counseling”? Would a copy of the letter from my lawyer substantiate this case and be reasonable for why I did not seek counseling? It seems like he got the court to just “make this go away” because I was an out of state offender and going back in state for counselling or community service was not reasonable. This is a 5 year old event with nothing else derogatory, what are my chances?
You have a major issue on your hands. ALL states have reciprocity for offenses. You should have attended the counseling and community service in the state where you reside. The offending state can put a warrant put for your arrest for failure to submit the required information showing you completed the Plea Agreement requirements. Get a lawyer. That is the only way you will get this straight. You will need something from the Court saying it was waived.
Had to make another account… old one wouldn’t let me log on. Thank you for the reply. I have gotten a simple traffic ticket and traveled internationally years from this incident. I don’t have any outstanding warrants.
Would this be a significant issue if truthfully reported on the SF-86 if this is my only blemish for a Secret level? I have a document from the attorney describing the plea deal with the local DA which did not list the the community service / alcohol counseling which is on the “official paperwork” that I also received at the day in court. I am inclined to think as a out of sate driver this is reasonable and the security assessor would see the same? Marking down “did not comply with court order” is a bit scary, but the “why” part would be due to legal advice and this was only technically marked on documents and not part of the plea deal my lawyer got all of which I am being forthcoming about…
We really don’t have enough information to answer your question. Few of us are lawyers and none of us know the state where you received your DUI.
On the surface, it appears that your lawyer gave you bad advice. You were sentenced to drug/alcohol counseling and he told you to ignore it. In the state where you were charged, you haven’t completed your sentence. That might not be a big legal issue but it might have an effect on your investigation.
In short, as far as I can tell, you WERE order to complete some education and you failed to do so on the advice of counsel. The legal advice, if available in writing, might mitigate your failure to attend but a five year old DUI could be a problem in itself.
Actually… the investigators are normally required to chase down the documents to see if you completed the court requirements. The completion or lack of completion is specifically reported.