# Retail Theft.

Hello...
Well I applied to a job and I omitted the fact that I was charged with retail theft a few years ago. The thing is... I was not caught red handed and I never saw the supposed video tape that they said there was. I moved out of the area and they tracked me down and instead of fighting them I just gave them the money to leave me alone. The theft was only for 50 dollars. I obviously had to pay more then that with other charges they tacted on.
Anyway here are my questions:
1. what type of charge is this considered (ie-misdemeanor or is it just a summary or what)
2. is this small charge going to show up on a criminal background check
3. can I get this charge expunged off my record because I never saw the tape and I think it was all a bunch of BS...

Help me! :confused:

Last edited by Curlyben; Apr 19, 2008 at 05:37 AM.
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 JudyKayTee Posts: 46,505, Reputation: 4599 Uber Member #2 Apr 18, 2008, 04:48 PM
Originally Posted by lululove
hello...
well I applied to a job and I ommited the fact that I was charged with retail theft a few years ago. The thing is.... I was not caught red handed and I never saw the supposed video tape that they said there was. I moved out of the area and they tracked me down and instead of fighting them I just gave them the money to leave me alone. The theft was only for 50 dollars. I obviously had to pay more then that with other charges they tacted on.
Anyway here are my questions:
1. what type of charge is this considered (ie-misdemeanor or is it just a summary or what)
2. is this small charge going to show up on a criminal background check
3. can I get this charge expunged off my record because I never saw the tape and I think it was all a bunch of BS...

Were you charged and paid a fine or did you pay the store you are accused of stealing from? Maybe there were no charges at all.

No telling if it's on your record.

Never seeing the tape and thinking it was all a "bunch of BS" is not grounds for expunging if you go that far. You paid the money and will be presumed guilty.

Did you take the money or not? You say you were not caught red handed and never saw the tape but don't address the actual theft.
 Fr_Chuck Posts: 81,064, Reputation: 7679 Expert #3 Apr 18, 2008, 04:55 PM

If the police did not come and if you did not get a notice to appear in court and/or pay a fine in court, there is no criminal record.

It sounds like this was handled in though civil methods of collecting the money and penalty ( not fines) directly to the store or a collection agency.

So if you were arrested and if you were found guilty in court, then this is a misdeanor. Now if it is on your record, you will have to first admit fault and stop making stupid excuses. Next you will have to wait 8 to 10 years after the crime and petition the court where you were found guilty to explunge the record

If you did not do the crime and think it was BS why did you admit guilty, why did you plead guilty to the crime and why did you pay the fines to the court and pay the store back ?

I would say you did it, don't feel sorry about it and just sorry you got caught.
 lululove Posts: 3, Reputation: 1 New Member #4 Apr 18, 2008, 05:36 PM
I paid the money because the constable was trying to take me to jail in a city that I was new to.
I did not do the crime I plead guilty because it was just easier at the time to pay the money.
I did not go to court but I did pay the penalty fees. I really need to know if this is going to pop up on a background check.
 Fr_Chuck Posts: 81,064, Reputation: 7679 Expert #5 Apr 18, 2008, 06:02 PM

But if you plead guilty in court to a criminal charge, yes it will be on your background check for the rest of your life unless it is latter explunged, or unless you worked out a plea agreement in court
 lululove Posts: 3, Reputation: 1 New Member #6 Apr 18, 2008, 06:18 PM
I didn't go to court. I just paid the fines and got finger printed...
Is this going to be considered as a misdemeaner
 excon Posts: 21,482, Reputation: 2991 Uber Member #7 Apr 19, 2008, 05:29 AM
Originally Posted by lululove
I didn't go to court. I just paid the fines and got finger printed...
Is this going to be considered as a misdemeaner
Hello lulu:

You only get convicted in court. That's the big building downtown with a lot of Roman pillars in front. IF you didn't go there, you didn't get convicted.

There's no more to it than that.

excon
 Fr_Chuck Posts: 81,064, Reputation: 7679 Expert #8 Apr 19, 2008, 06:58 AM

Sounds like he first did not have an attorney and he has no idea what he plead to and what really happened.

It sounds like he returned a "ticket" or did some deal to pay a fine and did not have to appear in court.

But yes if you paid a fine to criminal court, yes you have a record.
YOu are not really giving enough info as to what really happened, and seem to be confusing civil issues with criminal issues.

At some point there had to be something criminal in criminal court, if you were fingerprinted, Was there a ticket, was there some agreement with the DA as to paying a fine to criminal court?
 JudyKayTee Posts: 46,505, Reputation: 4599 Uber Member #9 Apr 19, 2008, 07:01 AM
Originally Posted by Fr_Chuck
sounds like he first did not have an attorney and he has no idea what he plead to and what really happened.

It sounds like he returned a "ticket" or did some deal to pay a fine and did not have to appear in court.

But yes if you paid a fine to criminal court, yes you have a record.
YOu are not really giving enough info as to what really happened, and seem to be confusing civil issues with criminal issues.

At some point there had to be something criminal in criminal court, if you were fingerprinted, Was there a ticket, was there some agreement with the DA as to paying a fine to criminal court ??

I would say there was some type of warrant - note the "I moved out of the area and they tracked me down" language. So I would say, yes, there's a criminal record.

And then there's the whole other question of "omitting" this episode on a job application and having the episode discovered - which is best left for another thread.

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