[sharpezor]

A year and a bit ago I was charged with theft under 5000, went to group sessions, got something called a stay because it was my first offense.


What is a Stay?
Will employers be able to see it on my record?
Can I still travel and get visas?

[lawgirl20064]

You need to pull up the court file and find out what exactly the disposition of the case was. If judgment was not imposed and you were given a deferred judgment or something equivalent, then basically, the state allowed you an opportunity to successfully complete a probationary period. IN your case, it sounds like this included classes. If you were successful in that, the case may be expunged. This will depend on the state you are in. If a record is expunged, most employers will not be able to see the charge. You should have no problem traveling, etc. However, if you were adjudicated guilty then more than likely the charge will remain on your record. You will need to check with the State department in regards to travel visas. If it was a felony charge in your state, there may be a problem. However, you can apply to have your rights restored. Talk to a lawyer.

[sharpezor]

You need to pull up the court file and find out what exactly the disposition of the case was. If judgment was not imposed and you were given a deferred judgment or something equivalent, then basically, the state allowed you an opportunity to successfully complete a probationary period. IN your case, it sounds like this included classes. If you were successful in that, the case may be expunged. This will depend on the state you are in. If a record is expunged, most employers will not be able to see the charge. You should have no problem traveling, etc. However, if you were adjudicated guilty then more than likely the charge will remain on your record. You will need to check with the State department in regards to travel visas. If it was a felony charge in your state, there may be a problem. However, you can apply to have your rights restored. Talk to a lawyer.

Thanks for the info, I should have stated I am from ontario canada.

[JudyKayTee]

Thanks for the info, I should have stated i am from ontario canada.

Were you sentenced under the diversion program? It appears you were. If you completed what was ordered you have no criminal record. The charges are withdrawn - never exited.

Here's the info (I'm quoting myself):

"Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Curt appearance.

If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision. "