Hi guys! I have an extremely important question. I hope someone can help me.

About 20 years ago, my Mom was arrested for shoplifting. It happened in a small Tx town during an election year. As you can imagine, this small town pounded the heck out of my Mom, despite it being a first offense. Everything she was legally supposed to do, she did. She had a state appointed lawyer and showed up for all her court hearings. She paid all her fines and had to report somewhere (I can't be more specific, unfortunately. My Mom won't talk about it) on a regular basis for the next ten years. My Mom knew what she did was wrong and tried everything to make it right.

In the last 20 years, this incident has haunted my poor Mom to the point that she's afraid to sign on with any job placement agency. She can't get a job since, as security has tightened nation-wide, it seems EVERY job she applies for now administers a background check. She's poor, and is still so traumatized over the whole thing that she refuses to even talk about it to anyone (hence my lack of more detailed info). She wants to be free and to have a life with a job, but this incident follows her around at every turn. She lives hand to mouth with no income and no hope for a future. She's already been told by a lawyer that she can't exsponge the records.

My question: What can she do? Are there any (affordable) legal options open to her at this point? Will moving to a different state/changing her name help? Are there any charities that specialize in this type of situation that can aid her? This is a desperate situation and I'd appreciate any advice. Thanks!

What she did was a misdemeanor crime. After 20 years if I am not mistaken she should be more than okay now. That is what is considered to be an "old crime" and really should not haunt her any longer. It's the felonies that haunt a person, not the misdemeanors.

When she is asked by say an employment agency of any prior arrest they are asking her for felonies and not misdemeanors. Employers are not too concerned about misdemeanors and sometimes the applications specifically state "Have you been arrested or convicted of a felony in the last 10 years (or in the last 7 years). So here she would be okay. Have her re-read the job applications carefully. Wording is everything here. Have her rest assured she can apply at an employment agency as her crime is in the minor league and not the big league so to speak. Moving to another state or changing her name is not necessary for her to do at this point.

First sorry but if she is not working it is because of a unrealistic fear or for other reasons of not wanting to work.

Most people who are arrested on shoplifting don't even lose their jobs, and no there is not that much tighter security and most places do not do criminal background searches.

And I will agree esp if this was a city arrest , I would bet it would never show up on a background search. Have her go down to the local police station and pay about 30 dollars and have one ran, and see if it even shows up.

And if it does, it is laughable at this point, I was young and dumb, the people hiring smiels and agree. With this you could still be a police officer, work in the military, and be bonded and more.

She is free and has made far too much of this.

And heavens sake, moving, changing names, give me a break, this is not a murder charge. ( and by the way, your criminal record follows you when you change your name.) Also moving, criminal records, if they exist are nation wide, not just state specific.

But she needs to get some counseling for her problems, the only real problem that exists is within her.

I don't know about Texas, but here you can just walk into the local police station, show them some kind of identification and get your record run and a print out (no less) FOR FREE.

I agree with you Chuck 100% she should be now able to get a job without living in fear.

Well, because of the value of the items, it did get classified as a felony. Instead of it being mere shoplifting, it got considered as theft (like I said. Tiny hicksville town during an election year). My Mom was given deferred ajudication instead of a prison sentence. In Texas, deferred ajudication can't be exsponged. I'm going to assume it being a felony charge changes things considerably. So, again, advice is much appreciated.

Sorry to have not mentioned this on my first post, but I didn't know myself until I pressed my Mom for more info. I'm really trying my best to help her on this matter.

To be a felony she would have had to go to county or state court, not city court. And it would have to be a theft, not a shoplighting

*** I do know each state has its own names and rules for various laws.

But even so a felony 20 years ago, for theft, no one much will even care, and I really still doubt a 20 year old crime may show up, esp if it was done in a small town many small towns 20 years ago, did not do the reporting things that well. But even so, what type of job does she want.

If she is looking to work at Kroger or Win Dixie, or walmart, she would have no trouble, if she wanted to work as a secretary in most business no problem. STill way tomuch worry over something.

Most employers on the job applications nowadays ask if someone has been convicted of a felony within the last 7 or 10 years and don't go back beyond that. I think mom would be okay now that it's been 20 years. If she applies for a county, city or state job, I would say no to be on the safe side. But if it is a job where she does not handle money such as a cashier, she should be okay also.

Just an update of what I've uncovered here (to share the knowledge in case it comes up in other posts): What Is Deferred Adjudication?.

I appreciate everyones' help on this matter. As you can see, my Mom is in for a rough road for a while. She'll either have to luck out and find an employer willing to hire her despite everything, or one who won't do a background search. The main issue seems to be the lack of any laws in Texas that prevent prejudice against anyone with deferred adjudication on their record and ignorance of what adjudication actually means (ie: not an actual conviction). My Mom can truthfully answer "no" to the typical felony/misdemeanor question, at least.

Anyway, thanks to everyone who responded. I appreciate it.

How do I get my record exsponged so I can get a job?

I know this is a long time after your post, but just so you know through deferred adjudication, only a judge can see the charge. If a cop, employer or anyone else does a background check, the violation does not show up. I know this from personal experience. It would take two minutes to find that online.

I know this is a long time after your post, but just so you know through deferred adjudication, only a judge can see the charge. If a cop, employer or anyone else does a background check, the violation does not show up. I know this from personal experience. It would take two minutes to find that online.