Will an adjudication withheld for petty theft misdemeanor show on an employment background check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will an adjudication withheld for petty theft misdemeanor show on an employment background check?
About 6 months ago I was picked up for petty theft (under $25), but not arrested. I was a first time offender. I couldn’t afford an attorney, got adjudication withheld and completed the online course through National Association for Shoplifting Prevention. They told me this would be off my record in 3 months. Since I’m looking for work, had friend run a background check. He used been verified, and not only did it show, but also has in it “Clerk of Courts-Felony”, “Convicted by Judge-Adjudication Withheld”, and under source says “Felony”. I have no money and in a panic. What can I do?
Asked on June 5, 2012 under Criminal Law, Florida
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
It sounds like you were sentenced to a deferred adjudication. Which means that after you have successfully complied with all the courts terms and conditions, the case will be dismissed. The problem with deferred adjudications is that courts will allow this information to be shown on your public record, stating that you were charged with a crime, plead guilty to the charge or reduced charge, but that the charge was ultimately dismissed. Shoplifting for under $25 is typically a misdemeanor in most states and not a felony. You need to contact the court and ask for a certified record of conviction to see exactly what information has been placed into your public record because whatever is on that certified conviction report is what should be reporting in your public record and background checks.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.