©2007 Danny McGee. Some rights reserved.
In mid June of this year, as a result of a routine traffic stop, a young man was found to be in possession of a small amount of marijuana, issued a misdemeanor citation, and sent on his way. He had no idea how much this was going to affect his life from that moment on.
He was a promising young individual. He had a clean record, never having been convicted of a crime, and he always had great respect for the law and the legal system. He always got good grades in school. In December of 2006, he applied and was accepted for a position at a Walgreens in the small, mostly senior-residence town of Mount Dora.
He had just moved to the area with his parents (who appeared to have a disdain for staying in any one area longer than a year), and thus didn't know many people in the area. So when a group of his young coworkers extended him the hand of friendship, he was glad to take it, despite not having a whole lot in common with the group. Unlike his friends, for example, he didn't much like to drink. They did introduce him to something he came to rather enjoy, however: Smoking weed.
He never smoked in excess, and never very often, but every now and then, with the right group of friends or sometimes just to bring a peaceful end to an eventful day, he enjoyed lighting up his pipe, taking a few puffs, and enjoying the relaxing, intoxicating sensation it offered him. One day, he decided to bring the remainder of his stash to what had become a weekly ritual for him and his friends. They all met at a friend's house, he and a few others smoked a little, and when everyone had gotten there, they carpooled to Independent Bar, a popular night club in downtown Orlando (making certain, of course, that one of the sober individuals was behind the wheel).
At the end of the night, many sobering hours later, the group drove back to their friend's house to collect their respective vehicles and make the trip back home. It was halfway through this trip for our young hero, that he was pulled over by a highway patrol officer for exceeding the speed limit. The officer asked if the driver would mind him searching the vehicle. The driver skillfully parroted the line he'd been taught would easily get him out of a question like that: "I'm sorry, officer, but I don't consent to searches."
The officer used the predictable fear tactics to get the driver to comply, threatening to call in a K9 unit which, if alerted by the smell of narcotics, would authorize the officers to "tear the entire vehicle apart." The driver told him he was free to do that, if he felt that was necessary. The officer then employed a tactic to which the young man was more vulnerable.
You see, perhaps the one major flaw this young man had was that he wasn't the best driver in the world. It wasn't that he was reckless, he just occasionally got nervous behind the wheel, made a wrong decision, and mistakes happened. Two of those mistakes had resulted in minor accidents, for which he had been determined to be at fault. By Florida's "point system," if he had another at-fault accident or was convicted of a moving violation in the next year, his license would be suspended for 30 days. And now he was facing a speeding ticket. Not only that, but the officer had determined that the young man's brake lights were out (something the driver was unaware of), and additionally, he had not updated the address on his driver's license since his last move (something which could also earn him a ticket). Faced with three fines he would not be able to pay, and a suspension of his driver's license, and with the officer's soothing promise that he would just receive a citation and no arrest needed to be made, he made the decision to hand over the 1/8th of an ounce which was in the vehicle, in lieu of the traffic citations.
So he paid his fine, he completed his 4-hour drug course, he passed his drug screen, and went on with his life. He decided to quit smoking weed, despite his enjoyment for it, because he felt it wasn't worth the legal risk, and because it was, perhaps, partially to blame for distracting him from his eventual goal of enrolling in college to pursue the career of his choice.
Shortly thereafter, with the stress level at work ever increasing since his recent promotion to a lower management position, and with the pay ($8.70 an hour) not increasing to a point which justified the extra work load, he talked to his manager to find a resolution. After asking if his schedule could be shifted to non-peak hours (it couldn't), or if a part-time employee looking for an increase in hours could be scheduled to work with him during the peak hours to help with the workload (he couldn't), he put in his three-week notice and started looking for other work opportunities.
He didn't think it would be difficult to find a job with his customer service and technical experience, but for some reason he just wasn't getting called back for any of the applications he was putting in. Eventually he landed a couple interviews, and these experiences verified why it was that every employer he could think of was seemingly ignoring him: That nasty misdemeanor charge.
From Olive Garden, to Universal Studios, to Smith & Nephew, and even back to Walgreens, it seemed that no one would touch him. Why? Because a few months prior, he liked to smoke a little weed every once in a while, and eventually he got caught for it. Both of the interviewers actually liked him quite a bit, and one of them even offered him the job he sought, so long as corporate would okay him despite the charge. They didn't. It seemed that every employer in the job market had a "policy" which excluded him from employment because of the charge.
In case you haven't figured it out yet, this individual is me. I've been offered sincere apologies, told to come back in a couple years if I'm still interested in employment, offered best wishes.... That's all well and good, but I'm running out of options, and I literally have no more time to keep sending in applications and resumes and waiting for responses. I have nowhere to go. I was forced to move back in with my parents while pursuing this last set of opportunities, but they've recently retired and moved to a seniors-only mobile home park with a two-week visitation limit, and I'm already well past my welcome, so it's only a matter of time before management kicks me out. My parents are collecting social security now and don't have the funds to support me financially. What the hell am I supposed to do? I'm about to be homeless as well as unemployed and I have no idea how I'm going to change that.
How old are you Danny?
I'm too impatient to wait for an answer. ;)
If you're under 18, your record is a secret, and you could very easily not inform a prospective employer about the charge.
If you're over 18, I'd suggest trying to find an attorney (that you can afford, obviously; you might be able to find a law student to do it pro bono) and trying to get your record expunged. It's possible.
I read somewhere that he was 20 I think.
Thanks, Mike.
That was going to be my next suggestion, Danny. Either contact NORML or a law school in your area. Here's one. NORML's site has a lawyer search, and I also found this information on their legal committee interesting, and it would probably be helpful for you.
Good luck!
There's a lot of things that piss me off about this "war on drugs," one of them being that the stigma attached to a young person when they're convicted of even misdemeanor marijuana charges, lasts a long, long time.
So he paid his fine, he completed his 4-hour drug course, he passed his drug screen, and went on with his life. He decided to quit smoking weed, despite his enjoyment for it, because he felt it wasn't worth the legal risk, and because it was, perhaps, partially to blame for distracting him from his eventual goal of enrolling in college to pursue the career of his choice.
You did the crime, you did the time, and you even went so far as to learn and change from the experience, yet you're still being pulled down by it. Argh.
Good luck to you. I hope some of the above is helpful.
The sad thing is Danny, that if you would've been drinking and driving, there would probably be no employer stigma attached.
I'm sorry this happened to you. I don't agree with the mj laws in the US, but they are what they are. Good luck on your attempts to get the record expunged.
BTW -- it this is a misdemeanor charge (most states are, if it's less than an oz) why do you have to tell potential employers?
Then I'd attempt to get it expunged if I were you. Or skip that part of the application. You never saw it! Oops! OMG! I didn't even see that! I'm so sorry!
The War on Drugs: A Success Story
April Fools! No wait, that's not yet. Let me go back and actually read this.
Okay, now I feel bad. So here's some advice instead.
Instead of applying for a major corporation, apply for a local business, preferably a sole proprietor business. If you're as impressive as you say you are in interviews, you should easily be able to overcome the drug charge. The pay probably won't be as good, and benefits probably won't be as good, but it might just get you through the next few months while you're getting settled.
If the worst comes, there's always food service. Not like McDonald's or anything, but find a nice local restaurant or restaurant chain to get hired at. I worked for a small chain of diners when I was 19 or 20 or so for about 20 months. Nice people.
Turnover in food service is also high, so they're usually hiring (at least around here, that is).
Another thing I just thought of: you might check to see if there's a US-PIRG or FL-PIRG group in your area. They do things like canvassing for various progressive and liberal campaigns. I worked for one for a little while one winter.
The pay is really not good, but you get to keep abreast of various issues going on, global, national, and local.
Mr McGee, I thoroughly sympathize with your plight. I would suggest that you change your avatar to something more mainstream, since, anyone who considers your employment could easily find your newsvine page, and the one you're sporting now suggests (to the more judgmental among us) that your spirit is a tad too free. btw...I did a dogpile search of your name and you're newsvine page was #5.
I know...conformity and the drug laws suck eggs...believe me, I know. Don't let the bastards get you down...when one door closes, another opens....check them all till you find it.
Is the whole of the US like this? Are there other states you could move to?
I could cynically suggest you take up a life of crime, to support yourself, but actually that's far and away the worst possible answer. Mind you that's just what tends to happen - you start dealing or growing.
Good luck :)
Yeah, I've seen the cost benefit analysis. It completely sucks...
Ironically (or not, I guess), this notion of turning to a life of crime is exactly what happens to many young people who've been busted on a minor drug charge. They're left in a situation like Danny's and have even less of a support system. There's no background checks when you want to become a small-time drug dealer.
You don't suppose the pushers of this war on drugs meant for it to turn out that way, do you?
Darn it, Viki, you beat me to it.
Back in the day I knew a lot of folks who turned to distribution and/or manufacturing b/c legal gainful employment wasn't possible due to previous offenses. Good people, with bad records. Sadly, our legal system isn't designed for rehabilitation.
I knew a few of those myself, back in the day. It's really unfortunate, and I can't help but think that things are set up this way on purpose.
Beat me to it Djehuty.
I knew a few of those myself, back in the day. It's really unfortunate, and I can't help but think that things are set up this way on purpose.
It would be plausible, but plausibility is not truth, I have been told. But then again truth isn't necessarily plausible, so where does that leave us?
Once the federal drug war ends this will be allowed to correct itself. But unless some real radicals get into office, the drug war's not going to change. Considering that Democrats and Republicans both have allowed the drug war to go on, I'd say that there's quite a bit of support for the notion that it is set up like this. At least it doesn't only hurt black people, though, right? They're the ones that have been hurt the most by this nonsensical and wasteful war and the worthless prison system. But the times are a'changin' by force or necessity, they're changing.
Stop whining, step up to the plate, and be a man. Homeless? I chose to be on the road for two years, traveled most of the states and met a lot of people. You would survive.
Take any job you can get to keep paychecks coming in and work on goals for the future. You are not the first to face adverse circumstances because of their own actions. You won't be the last. But you can be different from many if you wish...
Stop whining, step up to the plate, and be a man.
Are you serious? It looks like he's asking for some advice not, as you so casually dub it, "whining".
Yeah, take some @!$%# McJob which grinds down your soul while exploiting you for pennies, all because the system is uptight about an eighth of an ounce of a substance less dangerous than alchohol or tobacco. Don't whine.
That said, Robert, your advice is sensible. Nothing is as bad as it seems - and with determination and perspective anything can be endured, outlasted, and overcome. But it's not fair or wise or just that the penalties for drugs be like this.
Beat me to it again Djehuty.
Robert's right, in a callous fashion, Danny. Now you have the excuse and the necessity to travel. If it weren't for the network news vilifying drifters it wouldn't be that bad. I also hear there are ways to rig your car up to run on water pretty easily, and I will be testing this out in the near future. Something to look into if you're driving a lot.
Think about it, man. You're free. The system has said it does not want you and now you can live. I'd suggest looking up edible plants online and figuring out how to hunt 'coons and squirrels, while you still have access to the internet.
You can probably get odd jobs in small towns every day. Under the table payment. Milk the farmer's cows, but don't sleep with his daughter.
I'm betting that sounds more romantic than it is, Yuriy.
Oh, I didn't mean that sort of romantic, lesn' you have a thing for cows...
Interesting plans with the water engine, though I wonder if there's enough energy in burning H and O2 to make up for that lost in lysing it.
Oh, and don't blow yourself up. Hydrogen can be dangerous stuff.
Should be. You hit it at the right frequency and bam.
This aricle has been clipped to top class articles group, it is more than worthy thanks
I simply can't imagine how call centres around the world could staff themselves if they all took weed smoking so seriously. I mean, honestly!
Haha, tester for EA Sports? This little problem of yours might just turn out to be the best career move, ever. Enjoy!
I hadn't considered a call center, but I'll check that out. I also just remembered that one of my friends works as a play tester for EA Sports (I know, coolest job ever, right?) and they don't even drug test there. From what my friend says, at least half of his coworkers are stoned all day on the job.
I always wondered how you got a job like that. I assumed that I being a friend of someone running the games had a lot to do with it, since it's a job that pretty much anybody would want.
Haha, tester for EA Sports? This little problem of yours might just turn out to be the best career move, ever. Enjoy!
LOL, I must agree.
I am so sorry to hear you are having such a rough time. I also agree with the other comments that you could utilize your creativity and have some great experiences along the way.
Although I don't condone dishonesty usually, I'd leave the conviction off future applications and at the same time work diligently at obtaining some pro bono legal help to get the conviction expunged.
In the meantime, I'll keep my eye out for any viable opportunities for you, since I'm in the area.
lie on the application. most companies dont do background checks and, if they do, you will be explicitly informed.
it must have been a while since i've filled out an application...in my memory, they only ask about felonies. but, at any rate: lie. what you did amounted to a plea deal. and in most cases, if you had had a lawyer, you definitely would have been more likely to have the conviction sealed and/or dismissed after a certain period of time. just pretend that happened and if you're ever asked, just say you were told by the court that the charge would come off your record after 90 days or some bull@!$%#.
I'm with firsty here.
Background checks are extremely expensive, and unless your position requires some measure of security clearance or something along those lines, they likely won't perform one.
If you said so, I missed it, so I'm going to ask again: are you stating on an application that you were convicted of this charge, in the little space where they ask? Because unless some things have changed drastically, they usually only want to know about felonies.
Wow.
I've only applied for one job in the last 12 years, and that was at a police department, so I expected all of that. I guess things have changed. Or, maybe you need to get the hell out of Florida. ;)
The government. The working man's friend since....well...
I knew someone who was subject to random testing and had smoked the devil's weed only days prior to one such test. That individual almost caved to the narc who administered the test w/o taking it. Luckily, somehow, the test (a saliva test) was taken and nothing ever said about the results....I've known people who smoke pot since I was in college back in the late 60's, and they are not worthy of criminal status or the resultant stigma. The criminal justice system is used as an economic and political tool at the expense of the very society it purports to secure. Yes, this is an issue I'd like to see rectified via decriminalization, now .
Ron Paul, Mike Gravel, and Dennis Kucinich would all be steps in the right direction.
I think Ron Paul's policy is the most sensible, though. Let towns and cities regulate at will.
broom
Marijuana can be a gateway drug ....to more marijuana.
(Check in on Utopia sometime, duuuuude.)
And yes, marijuana laws are purely retarded.
Let's face it. You're LUCKY that the jackboots didn't confiscate your vehicle, as is their right, when illegal substances are present. We've got many retarded laws, hence the burgeoning prison industrial complex which is nothing less than an assault on poor people. You know, the ones who work for their rights to life, liberty, and the pursuit of happiness. (or...who can't afford a lawyer, bail, or a doctor, for that matter)
If all else fails, the Amish may take you in. I hear some groups pay for men to impregnate their wives to broaden the gene pool, and they're always looking for new blood I think. Plus they don't really care about federal laws.
Or go to a commune.
You're just full of creative ideas today.
The Amish smoke reefer? I did not know that.
I grew up about 10 miles from a large Amish community. With no makeup, the girls were not hot in our traditional American pop sense. Some of them were creamery butt-ah, though.
but it's still a living.
The Amish smoke reefer? I did not know that.
I've heard of someone seeing a group of teenage boys in the woods smoking it. Washington smoked, in fact.
There's an idea. Are there still communes around? Sign me up! I was born too late.
Danny McGee, seems you have all kinds of good advice above and I don't have anything better. You write well, you seem intelligent, use your assets against your liabilities. I have had several times in life when I worked for free until the employer realized he just couldn't get along without me. Travel, Florida is probably one of the worst states in the nation for someone in your shoes. Not that Florida is bad, it is just populated with a whole bunch of youths in your position. Get a rake and shovel and go through that park where your folks live asking for small jobs. You will get them and if as I good as I expect you could be, you may make a career of it. I have had friends who turned lawn mowing jobs into million dollar companies. Ever see those flat bed trucks with all the sod on them? That is the rich people sending their lawns out for a clip job.
I live in FL. I've worked in construction here for 28 years. EVERY summer, which lasts, oh, around 8 months depending on your particular latitude, I think about somewhere cooler. I'd bet there are more start up lawn maintenance attempts here than any other entrepreneurial endeavor. I don't think this is a long term proposition for very many.
riding the rails, so to speak, may soon find a huge resurgence, as folks fall prey to the loan industry (and mindless consumerism) and more people lose jobs due to recession. foraging is an art worth developing for anyone. this is an age of invention and imagination. go for it. invent yourself. imagine. it's really all we can do. oh, yeah...and one of the edibles I've seen growing 'round heah are a certain type of fungus....make for tasty soup.
That's a tough situation. I sympathize with you, it can be very difficult to recover from slights against your good name. Here's a good resource for some general information about employment background checks.
At some point along the way, you might wanna consider investigating the possible entrepreneurial pursuits that you could follow. And, as a short term solution, maybe you could look into doing some odd jobs for people in exchange for cash?
BTW, here's a brief introduction to expungement.
I'm sorry you found that disturbing, but it's better to know in the long run. When battling bureaucracy, you need to know your rights. Knowledge is power.
Good luck.
The cost of living in Guam is pretty cheep I understand, and there's a snake infestation so land's going like crazy right now, and technically it's in the United States. Plus it's the perfect weather for old people.
How ludicrous. That could happen to any one of us, too. I am not trying to use this as an opportunity to whore out Ron Paul, but he's the only one of them who wants to abolish the War on Drugs.
I like Kucinich, and this might sound ridiculous to you coming from a Ron Paul supporter, but Kucinich has never had a chance to do anything. Ron Paul is actually making waves. That's why I'm on his ship. I'm going to see Dr. Ron Paul this Saturday in Nashville, btw.
That article was one of the biggest pieces of crap I've read in a long time.
Thanks Danny. For whatever reason this article wasn't automatically added to my tracker. I thought it was.
I appreciate the support.
Yuriy,
I thought your Ron Paul article was quite clever and well written.
Thanks Brenda. Some people loved it and some hated it. I just hope I managed to subliminally reach some detractors.
The war on drugs. "Your tax dollars at work". Whatever.
I put a link to this on the facebook boards. This article alone should give you a bit of a bump in the bank account.
Can't get a job because of a misdemeanor? That's absurd. I've never seen job applications that ask for any information below felony offenses. Maybe its a Kansas thing.
Man.. I'm really sorry to hear what you are going through. I am going through the same thing. I had a "rough" year when I was 19 and caught three consecutive felony theft of property charges. Hence my life is pretty much screwed. The State I live in has no laws that allow expungements of MULTIPLE felony charges. I was given four year probation and haven't got as much as a speeding ticket since my "conviction" in 2003. I've since then completed my probation and obtained my four year degree in Computer Engineering. I as well have been denied every job under the sun. I have a file cabinet FULL of offer letters with salary ranges from 67k-80k/yr. Attached are the "this offer was contingent upon successful completion of a background check" letters. Your story is so familiar I thought it was something I subconsciously wrote and just didn't remember. I as well have an interview with Smith and Nephew in two weeks. That is how I found this post; by searching to see if Smith and Nephew did background checks on their employees. I can understand your frustration very well. One thing that has worked for me especially if your in Information Technology is to try some contract work. I have been able to get by these pass years by working with "Temp and/or Staffing agencies" for short term 1099 employment. However, nowadays even they are doing background checks. After September 11, you have to go through a background check to be a janitor. I'm at the point now (24) were I've faced reality; and that is I will NEVER be able to seek employment ANYWHERE. I don't know if you are away but congress is trying to push a "2nd change bill" but ex-offenders of non-violent crimes. Goggle "2nd chance act" Hopefully they will pass it and people like you and I whom have made mistakes in the pass can have another chance in life. Also, in some states it's illegal for a company to inquire upon your criminal pass. Best of Luck my friend.
Hey Danny,
I run an IT company in Southern California and if you could do the job I would hire you. I've run background checks before, but a marijuana misdemeaner charge on record would just say to me we'll get along better. I wish you luck in finding an understanding business owner or getting the charge expunged!
What part of Southern California, if you don't mind my asking?
I was recently in a situation similar to your although not for the same reasons (I was fired from my last job for shooting at a cow from the parking lot, which resulted in a bad reference) but what i found that helped me through my 8 months of not being able to find any work was to go and talk to local landlords after a tenant moves out they usually have renovate the apartment or condo and most of them are willing to pay pretty decently for someone to do it. Most of the time it will be pretty simple work like painting or mowing lawns although its probably not the most glamorous job in the world the $10/hr under the table paid my bills for a few months.
I'm sorry to read that you're experiencing such a hard time from a drug ticket. I would suggest you applying at a resturant, as most don't do drug tests and it's sort of a unwritten rule that all waiters smoke weed. At least, everyone I work with does. (Been with the same company for 2 years) If you pick the right resturant you can make quite a bit of money. I work 3 days a week and make around 1600 a month.
I'd say save your money, and move to Amsterdam. Or somewhere that you can pursue a life without being persecuted for using a substance that causes no permanent psychological or physiological damage.
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