Hello, I was reading your site and have a question. I have a felony that was withheld adjudication on a constructive possession (a passenger in my car had drugs) a little over 4 yrs ago and that's it. But I can't get a job anywhere I've looked. I also don't have a CDL but can get one either through job training or school. I know about Carolina Cargo but that's it. Do you have any info on any other companies out there who will take a non experienced driver or newly trained driver with a background showing I plead guilty but was with held? I was unaware at the time that this was pretty much no different than pleading guilty and being adjudicated with a sentence.
Withheld Adjudication is not necessarily a terrible thing. I get a number of inquiries regarding withheld adjudication / deferred judgement /deferred adjudication. Ex-offenders and felons looking for jobs should understand what it means because it could affect their ability to be hired for some jobs. Withheld adjudication / deferred judgement/deferred adjudication generally relates to a determination by a judge to place a person on probation without a judgement of guilt. There will be terms set by the court, usually a fine and a period of probation. Once the conditions are fulfilled, the charges are normally dismissed. There will be no conviction related with that offense. If conditions are not met, a finding of guilty may be entered and the person may be sentenced according to the penalties specified for the offense.
So when completing an application that asks if you "Have you ever been convicted of a crime, you can answer "no" and rightly so because you haven't. The original charge will appear on a background check simply as a charge and not a conviction. To absolutely certain of the status, you should check with the prosecutor or your probation officer associated with your case. This is not intended as legal advice, simply general information. If you really concerned about the charge itself (employers are rarely concerned with charges. They care more about convictions) you may look into having your charges sealed by the court. Sealing is a legal process that conceals the charges from public view. The charge will only be visible to the court system, law enforcement and government agencies.
Each of the companies listed makes its own rules regarding felony convictions and the hiring of felons. Some will employ a driver after 5 years or longer since the conviction. Other companies won't hire felons, regardless. You must contact each carrier to find out exactly what their policy is concerning the hiring of felons.
I hope this helps.