Facing a DUI arrest or conviction does not prohibit you from obtaining gainful employment. It is true that a drunk driving arrest may remain on your criminal record for up to seven years. A DUI conviction can stay on your record permanently. However, neither of these issues is a legitimate reason for not hiring you to work. There are exceptions to the rule, such as if you’re applying for a commercial vehicle driving position. Otherwise, you are just as entitled to consideration for employment as any other applicant.
Minnesota’s “Ban the box” policy basically states that an employer may not ask questions about DUI convictions, arrests or other criminal background issues during the application process. Employers cannot list such questions on a job application. If they are on an application, you are under no obligation to answer them. You can also report the issue because the employer may be violating state employment laws.
A prospective employer may only ask questions about a DUI arrest, conviction or other criminal background issues during a post-application interview or during the post-hire process. In other words, an employer cannot reject your application or deny you a position based on your criminal record. The “Ban the box” policy requires employers to consider your job application based on your skills and experience, and not whether a court has charged or convicted you for a crime.
A prospective Minnesota employer may ask you about a past DUI arrest or conviction during a job interview. You may provide a brief and simple answer. It is also a good idea to follow up with the reasons you believe you would be a good fit for the company. You can also assure the employer that your criminal record will not impede your ability to do the job.
Minnesota employers should consider a job applicant’s answers to questions about DUI during an interview. They should also review how much time has passed since the arrest or conviction, as well as the gravity of the offense (such as whether you were involved in a collision that resulted in a fatality or injury to another person).
In short, employers in this state must wait until you have accepted an interview invitation or job offer before conducting a criminal background check or asking you questions regarding a DUI arrest or conviction. If you believe a violation of state employment laws regarding DUI on a criminal record has occurred, you are entitled to seek legal support to help resolve the issue.
]]>In Minnesota, any blood-alcohol concentration level (BAC) at or above .08 for those behind the wheel of a stationary or moving vehicle, or at or above .04 for drivers of a commercial vehicle, can be grounds for a DWI arrest. Upon a conviction, there are both administrative sanctions and criminal penalties to which one may become subject. Repercussions for first-time offenders with a BAC below .16 can include up to a $1,000 fine, a maximum of three months in jail and a suspension of driving privileges for up to 90 days. Those whose BAC levels were equal to or greater than .16 could incur up to a $3,000 fine, no more than one year in jail and a maximum driver’s license suspension of 90 days.
The potential ramifications for DWI charges become even harsher in situations where a child was also in the vehicle. Those facing these charges for the first time with a BAC below .16 and a child present could serve up to one full year in jail, be fined a maximum of $3,000, and lose their driving privileges for up to 90 days. Any individuals accused of DWI with a BAC equal to or greater than .16 with a child in the vehicle could face up to one year in jail, a maximum fine of $3,000, and either the suspension of their driver’s license for a full year or a restricted license in conjunction with an ignition interlock system.
While facing formal accusations for driving while intoxicated is a serious matter, it is still far from a conviction. Anyone charged with DWI in the state of Minnesota is entitled to the presumption of innocence until proven guilty in a court of law. An experienced criminal defense attorney can thoroughly examine the details of one’s case, explore all possible legal avenues and determine the best possible defense strategy for trial if necessary.
]]>In August 2023, a new law went into effect that requires you to fill out a specific form for private firearm transfers. The form is accessible online. To buy, sell or transfer firearms in a private transaction from one individual in Minnesota to another, you do not need a federal firearms license (FFL).
In certain circumstances, you might need an FFL to transfer a firearm from one person to another in Minnesota. If the gun in question requires a National Firearms Act tax stamp or is a long gun, then an FFL is a requirement to buy, sell or transfer it throughout the state.
Only FFL dealers may sell firearms to someone outside the boundaries of Minnesota. If you wish to purchase a gun from Minnesota but do not live in this state, you must purchase your firearm from a licensed dealer. If you live in this state and wish to sell a gun to someone from another state, you can transfer the firearm to a licensed dealer, who can then make the transaction. There is typically a fee involved for the service.
It’s never a good idea to assume someone has given you accurate information if you have not spoken directly with a licensed firearms dealer in Minnesota regarding laws that may be relevant to a specific transaction. For example, if someone tells you that you do not need an FFL to buy, sell or transfer a particular firearm when, in fact, you do, you could wind up facing weapons charges in this state.
This is why it’s always best to call a reputable, local FFL dealer to ask questions before conducting a firearms transaction. Some items require approval from the Federal Bureau of Alcohol, Tobacco & Firearms (ATF), such as suppressors or certain explosive devices. You must be at least 18 to possess or own a firearm in Minnesota. If you run into legal problems when buying, selling or transferring firearms in this state, it is wise to seek immediate legal support.
]]>There have been increased reports of domestic assault since the beginning of the COVID-19 pandemic. This may relate to the fact that more people were staying home together, which could escalate these types of situations. Statistics indicate that in just one county, the number of incidents reported jumped from 95 to 117 from 2022 to 2023. Experts say that it is important for those who notice signs of problems to speak up.
In many cases, domestic assault cases involve one person’s word against another. Even the allegations of this type of abuse can do significant damage to one’s reputation, career opportunities and more. Those facing these charges need to take their situation seriously and pursue the best possible outcome.
Statistics may indicate that domestic assault is an increasingly prominent issue in Minnesota, but that does not mean that those accused of this action do not have the right to defend themselves. They may benefit from seeking experienced guidance from a defense attorney to understand how to confront these allegations. An assessment of the situation can provide insight regarding the legal options available.
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