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>be 18 >arrested for shoplifting (retail theft) >go

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>be 18
>arrested for shoplifting (retail theft)
>go to trial, shop never shows
>lawyer says, case dismissed will you pay me extra to expunge the record?
>I say: no.

Flash forward almost 10 years

>called into office by human resources
>not sure why
>"another representative is on the phone. It's on speaker."
>"Um, what's going on?"
>"Background check says you were convicted for retail theft..."
>Stare at human resources funny
>Expect to hear they had the wrong person/something crazy I didn't do/general weirdness
>"It says you were convicted of retail theft...when you were 18...?"
>cock my head to the side
>"To my recollection, the case was dismissed."

The FBI says my case was stricken from the record with the possibility to be convicted later.

I've gone through numerous background checks and this has never happened before.

They're making me go to the courthouse, when I should be working, unpaid to get paperwork showing my case was dismissed.

I have a letter from my lawyer that says the case was dismissed. I don't want to miss work, but I also don't want to lose my job or look suspicious.

Should I print the letter from my lawyer and get the document from court? One or the other?

Why hasn't this come up before?

I thought about having the record expunged a few years ago, but it cost too much. The lawyer offered to have it expunged a couple months after the trial, but it was $500. I was a poor college kid.

What should I do?
>>
Should've asked what it meant to have this expunged.
>>
>>17714575
I turned him down because the expungement process doesn't require a lawyer. It's possible to do, but that's not the point.

I don't want to lose an hour and a half of work, but, at the same time, I want to keep my job. I feel like I acted suspicious, but I was more startled and concerned.
>>
>>17714571

For one thing, they probably misinterpreted it as a conviction when it most likely read as charges dismissed.

Criminal background check shouldn't have had that by now, if a case was dismissed after 3 years all records of it should've been purged. At least, in my country that's the case.

So may be it was a clerical error. But it depends on what type of criminal record check they did.

You may have done a bunch of common record checks, but there is another one for vulnerable sector record checks which shows nearly everything from arrests, convictions, dismissals, etc.
>>
>>17714571
are you black by any chance?
>>
>>17714597
It was misinterpreted. The exact wording is stricken with leave to reinvoke or something to that matter. My county doesn't purge automatically. Expungement fees are another way to fill the coffers.

I work for a non-profit that works with kids, some with mental disabilities, but I've done similar background checks in the past and this has never been a problem. I'm sure they've all seen the arrest, but never the convictions.

>>17714605
No, just stupid despite my high IQ score.
>>
>>17714625
All you can really do is just take the hit -- take time off work go to a court and get a copy.

Explain yourself clearly, and leave nothing to chance, this is your job after all. They'll understand if you're transparent.
>>
>>17714582
Would you rather lose an hour and a half or lose your job entirely?
>>
>>17714654
The human resources person told me they'd need to get it as soon as possible and recommended I take time off to retrieve the documents. They said they talked to my supervisors...

I'm a new employee, but I've worked with them for awhile through a temp agency. It's one thing after another...

Great. I'm ineligible for employment if they consider it a conviction. Fuck. I hope I don't lose my job because of a clerical error.
>>
>>17714658
That's minimum, but yeah. I'm hoping the court record says something else. If they consider it a conviction, I either have to get it expunged, which means more time off work, or I'll be terminated.

Either way it's a stain on my reputation. They won't look at me the same way anymore.
>>
>>17714671
No they won't, you should have thought of that before you shop lifted. But in all honesty you should get it expunged if you can and not worry about missing work, since you are either missing work or getting fired anyway
>>
>>17714676
Innocent until proven guilty. The case was dismissed.
>>
>>17714668
>Great. I'm ineligible for employment if they consider it a conviction. Fuck. I hope I don't lose my job because of a clerical error.

They fire you and it's a mistake you may have a claim for unfair dismissal. Particularly if you provided evidence from your solicitor the case was dismissed and they fired you between then and retrieving the court documents (which are probably lost by now).
>>
>>17714705
That's a good point. I'll print the letter from my attorney stating the case was dismissed and offering to handle my expungement.
>>
>>17714696
Which is why the employer is allowing record of a dismissal.
>>
>>17714746
My point was you're assuming I stole. That wasn't the case.
>>
Bump.

What should I do if my supervisors ask about the case?
>>
>>17714625
>despite my high IQ score
>implying IQ means shit
So just stupid.
>>
>>17714676
I sympathize.

I am on the job market after getting a masters and a phd from an ivy league.
I have 2 kids and I obviously want a decent job once I get my PhD.

This summer I spent a few days cleaning up my web presence.

Somehow,
Now that application season has started, a mugshot of me from when I was 15 (i am 30 now) surfaced and became the #1 hit when you search my name.

I cant know how much it hurt my job search but I had references that were important tell me they simply "prefer not to write any letters for me."

It was a sealed juvenile first (and only) offense and thank goodness my state has a law it must be taken down and it is down now but it took time.

Its humiliating to have come so far and then be reminded of some horrible offense you did as a youth. Plus it was public intoxication and there
Is a horrible photo of me all young and drunk.

You will get through this.
Try to keep your head
Up and take the steps you need to take.
>>
>>17714809
Fair point.

>>17714823
I know, but I was hoping to buy a house. I won't qualify for FHA for awhile if I lose this job.
>>
>>17714861
Well I was hoping to have my hard work for the past 10 years at an Ivy League pay off for me and my beautiful daughters...

Past issues have a way of haunting you. Unless you are very wealthy or very poor.
>>
>>17714867
Your situation is definitely bad. Don't get me wrong, but...well...If this doesn't work out, I'll end up on the streets unless something else pops up.
Thread posts: 22
Thread images: 1


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