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    labgirl's Avatar
    labgirl Posts: 1, Reputation: 1
    New Member

    Jul 5, 2006, 05:30 PM
    Theft under 5000
    7 years ago I stole something and got caught... I was charged with theft under 5000 and I had to pay back the money, do community service and see a probation officer. I can't remember if this was a conviction or not, and whether I need a pardon... I was told by someone that I don't need a pardon and that it will be automatic. I had a check done a few years ago for a job and everything came up clear. Now I had to do another check for a new job and am worried something may show up, even though the other one didn't show anything, because the woman at the police station told me that there are different types of checks. Does anyone know anything about this? Any feedback would be greatly appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Jul 5, 2006, 06:46 PM
    If the judge ruled it a suspended sentence pending your paying the money back and a probation period, then in general it would show up on the police records as what it was, but would not show up as a conviction.

    But if the judge found your guilty, ordered you to do probation and pay back the money ( which is what normally happens) then it is a conviction, and no pardon is automatic, you would have to try and get the governor ( only person besides the president who can pardon)
    Or you can make a motion to the judge to expunge the record of the conviction.

    Yes the level of the NCIC check can be done for your state only, or for national search. Also the report that the police get for a national secuirty clearnance or a job with the police, would include ever arrest you ever had, even if not convicted, it will even show pardons and expunged convictions.

    The ones given to the public for work background checks wlil not show expunged or pardons or arrests, it will only show convictions. Also some people only requests reports for various periods, 5 , 7, 10 or all years.

    Ok, you are the only one that would know if you were convicted or not, I would not, after you did probation and pay the money back, did you appear back in court to have the charges dropped, if not most likely you were convicted.

    You will have to go back to the court house where the trial was and look up the records to see what was done.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Jul 6, 2006, 06:54 AM
    Hello Jesse:

    I must disagree with my good friend, the Padre. The fact that you were required to complete community service, that you were required to pay restitution and that you were put on probation, ALL indicate that you were, indeed, convicted. There are all sorts of diversionary programs for first offenders, however, that could have wiped the conviction off your record. You'll need to find out if that was the case.

    In any event, you're going to need the services of an attorney. He can find out what the status of your previous conviction is, and he can help you get a pardon.

    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member

    Jul 6, 2006, 01:45 PM
    Where do you live?

    More specifically, where was this crime committed?
    lossprevention's Avatar
    lossprevention Posts: 1, Reputation: 1
    New Member

    Aug 11, 2006, 04:39 PM
    Fr_Chuck, first of all you make things seem so complicated.. second of all, I am a Loss Prevention Officer, Third of all, since you got charged for theft under 5000, (trust me, next to impossible to get off this charge since your cought RED HANDED OR unless your on medications or mentaly disturbed) we always testify!! What you should have done was ask for a PEACE bond... simple, charges withdrawn. NOW to get a pardon, no you don't have to go to the right hand man next to the dead president... it's a simple prosses that might require a few hundred dollars. Usually after 4-5 years AFTER your charge you may apply.. BUT talk to a legal advisor for the prosses, usually takes 3 months to set up an appointment, you can try to apply as fast as you want...

    Anyway have fun getting a job without a pardon, unless you want to work at burger king ;)
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member

    Aug 16, 2006, 03:17 PM
    First of all, a pardon is never "automatic." Only the governor of the state where the offense and conviction took place has the power to grant a pardon. Now, it is possible that the case was expunged, meaning it was removed from public view. This depends, to a large extent, on how old you were when the offense occurred and what your record's been since then.But that is different from a pardon in that it doesn't go away. If in fact the case was expunged then you shouldn't have much to worry about, especially since nothing appeared on a previous check. It's possible that even if it does turn up it really won't impact your eligibility for the job in question ; a lot depends on exactly what type of job it is.

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