[420 Girl]

The newest member of the Birmingham City Council, on the job less than a full day, is now answering questions about why his 2003 drug arrest was not considered when he was selected to fill a council vacancy.

Jonathan Austin was appointed by City Councilors to fill the District 5 seat left open after a recent county election. Court records show he was arrested in January, 2003 when a Tuscaloosa County Sherriff’s Deputy found marijuana, a pipe and measuring scales in his car during a traffic stop for speeding. Records show Austin was sentenced to drug recovery classes and he served 2 years probation. He has no other criminal record.

Austin says the circumstances of the arrest discounted the charges and kept him from mentioning the incident when he applied to fill the City Council vacancy.

“It was just explained to me that it’s a misdemeanor, you’re not going to jail, it’s just like a traffic ticket. It is however going to be on your record. So it was played down so much to me at that point, it just, it never crossed my mind to bring it up. I was not at all trying to keep anything from the city council,” Austin said.

City Council President Carole Smitherman says a misdemeanor charge does not prevent serving on the city’s governing panel. A city lawyer will review the issue further.

On NBC13 HD News, find out how Austin’s arrest record could change Birmingham’s hiring procedures.

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