Will An Arrest Without Conviction Show Up On The Background Investigation?

[Aviv]

Hello Mr. Grabill,

I am currently in the process of applying for a position as a Border Patrol Agent. About three months ago, I was walking home from the local pub and was detained while walking home. The officer stated that because I was intoxicated, I possed a risk to myself because I could potentially walk out infront of oncoming traffic and therefore, he would have to detain me. At the county jail, it was discovered that I was not intoxicated at all. No formal charges were ever filed and the case was dropped by the DA. Will this arrest record affect my eligibility for employment? I fear that it will impact me negatively as I have these previous charges, as well:

- Arrested and convicted for under the influence of alcohol on or around 12/2005.

- Arrested for driving with suspended license, amended to drivers license not in possession on or around 1/2004

- Cited and convicted for driving on a suspended license on or around 6/2003.

- Cited(no court procceedings) for minor with detectable amount of alcohol in system, 0.04% BAC, on or around 2/2003.

- Cited and convicted for driving on suspended license on or around 5/2001.

I noticed that in your expertise, you note that you have expertise in the process of becoming a police officer and so I figured that you would be the most qualified to ask. I have a deep desire to serve my country, but in your honest opinion and experiences, what are my chances of success and am I simply wasting my time due to my background and this new arrest record?

Thank you for your help.

ANSWER: Steve:  The driving record is going to be an issue for sure, and a background investigator is going to start with the presumption you have issues with alcohol.  While the charges might have been dropped the arrest will most likely still come up on a background check.  If I were doing your background I'd have some hard questions about alcohol use/abuse as well as your driving record.  All that having been said, it's still worth a try to apply to the BP.  As long as your current driving record is good with no issues, and you can explain yourself, you still stand a chance to get in.  It's worth trying, but be prepared to answer some hard questions.  You are not going to be considered "highly qualified" at this time but you still might get the nod.  

Jason

---------- FOLLOW-UP ----------

One more quick question, Jason...

I realize that I am facing an uphill battle. Up until a few months ago, I had been in the clear for the last 5 years and was looking forward to applying, although things look murky now. My question is whether or not I should withdraw my application for now, or pursue it and show that I am determined even in the face of overwhelming odds?

Also, you stated that as long as my current driving record is good with no issues(and it is), and I can explain myself, that I may still stand a chance. I do plan to explain myself FULLY... Especially, when I produce the police report which should state that I was found not to have a detectable BAC. Any words of wisdom for me when it comes time to explain this incident and others?

[Wally]

Steve:  Withdrawing at this point is probably too late, basically.  If you don't want to go through with it, then just don't show up for the first testing.  That happens all the time and it's not that big of a deal.  If you do, just explain everything as you've done it here and go from there.  Don't try and put 'positive spin' on anything just tell the truth no matter how much it hurts.

Jason