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-   -   Theft under $5000 from 5 years ago (https://www.askmehelpdesk.com/showthread.php?t=57456)

  • Jan 25, 2007, 04:38 PM
    ordyh
    Theft under $5000 from 5 years ago
    On one particular day in February 2002, I had went to Zellers and stupidly attempted to steal a cheap $20 camera.

    I subsequently got caught by security, the police was called and I was issued a bunch of papers.

    Note: I was only a kid then, and the Young Offenders Act was still in place.

    I was given a notice to appear in court (Appearance Notice) and to appear at the police station to be fingerprinted.

    Now this is what I'm concerned about: On my court date, we (my parents and I) had spoken to my appointed counsel and he stated that he was going to get me into the Alternative Measures program (this was my first time committing a crime). However due to the OPSEU (public service workers, I guess) strike at the time, my paperwork may have been lost and I had never heard anything about this situation again.

    Flash forward to now... I'm 17 and I plan on applying for a job this summer. If the application form asks if I have ever been convicted/prosecuted/etc... for a crime, what would I answer?

    Secondly, if a background check were to be performed on me, would anything be found?

    Edit: To add, I have not gotten into trouble with the law since then.
  • Jan 25, 2007, 04:48 PM
    texrose75
    I wouls suggest that you call the county court house and ask the clerk to see if there are any outstanding fines or call the cfounty sherrifs department and ask them if you have any warrents if not then you should be good
  • Jan 25, 2007, 05:41 PM
    CaptainForest
    Quote:

    Originally Posted by ordyh
    Note: I was only a kid then, and the Young Offenders Act was still in place.

    Note: The Young Offenders Act it still in place. They just renamed/updated it. And since you are 17, it still applies to you.

    Quote:

    Originally Posted by ordyh
    If the application form asks if I have ever been convicted/prosecuted/etc... for a crime, what would I answer?

    Secondly, if a background check were to be performed on me, would anything be found?

    You would answer, No, I have never been convicted of a crime for which a pardon has not been granted.

    A background check done on you? Nothing will appear.

    To verify this, you can always contact the attorney who handled your case to double check.

    And I am pretty sure that even if you were convicted, it will not show up in a background check since you were covered under the YOA (not 100% sure though)
  • Jan 25, 2007, 11:04 PM
    MrBill
    Most applications I have filled out only as if you have been convicted of a felony.
  • Jan 26, 2007, 10:09 AM
    CaptainForest
    Mr. Bill, are you American?

    There is no such term "felony" here in Canada.
  • Jan 26, 2007, 04:59 PM
    ordyh
    Quote:

    Originally Posted by CaptainForest
    Note: The Young Offenders Act it still in place. They just renamed/updated it. And since you are 17, it still applies to you.

    Oh, I thought it was repealed and then replaced with the YCJA some time in later 2002.

    Quote:

    You would answer, No, I have never been convicted of a crime for which a pardon has not been granted.

    A background check done on you? Nothing will appear.

    To verify this, you can always contact the attorney who handled your case to double check.

    And I am pretty sure that even if you were convicted, it will not show up in a background check since you were covered under the YOA (not 100% sure though)
    Well, we had a public defender (duty counsel?), and I had only gotten his name written down illegibly...

    Now another question: If sometime in the future, the courts and such discover this mix up, would anything be done? Would they still try to drag me to court despite all the time that had past?
  • Jan 27, 2007, 05:50 PM
    ordyh
    Quote:

    Originally Posted by ordyh
    Now another question: If sometime in the future, the courts and such discover this mix up, would anything be done? Would they still try to drag me to court despite all the time that had past?

    I did some research and I think I answered my own question.

    I found my old Charge Screening Form (I hate looking at that stuff), and saw that the Crown wanted to proceed summarily.

    Now, in Canada, the statute of limitations on summary offenses is only six months.

    I'm pretty sure this means that I'll be fine. Am I correct?
  • Jan 30, 2007, 10:54 PM
    CaptainForest
    Quote:

    Originally Posted by ordyh
    Oh, I thought it was repealed and then replaced with the YCJA some time in later 2002.

    Technically you are correct.

    They “replaced” it with something virtually identical.

    I still like to call it the Young Offenders Act (YOA), but you re correct, it is called the Youth Criminal Justice Act (YCJA) now.

    Heck, I still call it Skydome!

    The YCJA is virtually identical to the YOA. Some lesser sentences for youth and all that stuff, but it still has accused name protection, destroying of the criminal record once you turn 18, all that is still the same.


    Quote:

    Originally Posted by ordyh
    I found my old Charge Screening Form (I hate looking at that stuff), and saw that the Crown wanted to proceed summarily.

    Now, in Canada, the statute of limitations on summary offences is only six months.

    Yes, the SOL is 6 months for summary proceedings.

    But that applies to you being charged with it.


    Other Comments

    If they still have it sitting on the books, you can ask that it be vacated due to an unreasonable amount of time (the legal terms are escaping my brain at this very second).

    But 4 years is too long to wait for a trial, so your lawyer could go that route.

    But all in all, you seem like you are fine and can move past this.
  • Jan 31, 2007, 05:00 AM
    excon
    Quote:

    Originally Posted by texrose75
    I wouls suggest that you call the county court house and ask the clerk to see if there are any outstanding fines or call the cfounty sherrifs department and ask them if you have any warrents if not then you should be good

    Hello tex:

    I would absolutely NOT call the cops and ask them if they want you. If they don't, they're going to want to know why you asked. And, if they do want you, they're not going to tell you. They'll ask where they can send the information, and guess who is going to show up.

    excon

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