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    boyles_1971's Avatar
    boyles_1971 Posts: 1, Reputation: 1
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    #1

    Feb 15, 2006, 06:07 PM
    16 year old misdemeanor/just found out
    Hello everyone,
    Just want to say thank you in advance. The question and problem I have is that I just found out I have a warrant for my arrest in Massachusetts. It is a pending conviction on a misdemeanor charge for larceny by check under $250.00. It is for two checks that were written in 1990 and the complaint was filed in 1991. Since then I have renewed my license in the state twice, registered multiple vechicles, paid state and town taxes, even got a divorce and was Active Duty Military and worked as a civilian for the Military. This is the first I have heard about it. The only reason I found out is that I have currently moved to Washington State and I am looking for employment. One of the jobs I applied for requires a criminal background check. They sent me a letter stating that they could not hire me because of this and attached the report.

    I called the court house in Massachusetts and stated this is the first I have heard of this and isn't there a statue of limitations on stuff like this. I will pay the fine of $30.00 dollars, no problem, but how can I get it off my record. I don't feel it is right that I am being penalize by something that occurred 16 years ago that I wasn't told about. I can't even go back to the original place where the checks were written because the store is no longer there. Does anyone know if there is anything I can do? I obviously can't work for the government until it is taken care of and I am sure no one else will hire me either. Because of this I can't afford to hire a lawyer. Financially, I am struggling until I get a job.

    Thanks for any help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 15, 2006, 08:00 PM
    The statue of limitation does not effect crimes once a person is charged and/or a warrant is issued.

    Once a warrant is issued, it will stay active till the person is found.
    Many warrants, esp ones like this, often bench warrants, are not actively searched for and only hits when a criminal background is done.

    Most people are surprised that driver licence checks normally don't include criminal background checks,

    If you pay the fine, it will be no longer a warrant out, merely a 16 year old misdemeanor, this may not stop you from getting a government job.

    Normally you can get a conviction explunged but normally they want some proof so many years after the conviction, but in this case, if you hired an attorney, most likely they ( and this is a guess , it is up to the judge) they could get the conviction explunged or perhaps even get the case dismissed ( where is the witness against you) If you were found not guilty it would be a lot better than paying the fine.

    My opinion on this, hire an attorney, plead not guilty , the lawyer can figure some reason why you aren't guilty. You can agree to pay the court fund restitution for the check amount.

    If you pay the fine, you are pleading guilty, and I am not sure this is the best thing to do right now.

    Post the bond on the warrant, hire an attorney and try and get this dismissed.

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