If a theft charge is reduced to a disorderly conduct, what will show up on mybackground check?

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If a theft charge is reduced to a disorderly conduct, what will show up on mybackground check?

In 2006 I was arrested for theft. I pled guilty to summary disorderly conduct. On docket sheet shows that the theft charge had been changed. The disorderly conduct is a summary offense. I paid a fine and completed a thief awareness course as part of my plea agreement. I am currently a security officer and they finally ran my fingerprints. They said something came up but they aren’t sure what it is yet. If the theft comes up I will be fired. Should I be worried?

Asked on November 6, 2010 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What is probably showing up is the arrest for the theft, not any form of conviction.  This can be a problem. What people do not realize is even if they are never convicted of an actual crime because the offense is pled to a lesser charge the actual arrest record still remains.  You will need to have your record run yourself and try to have the record expunged or sealed, whichever your state allows.  In the meantime, you may have to come clean with what happened here to your employer. Hopefully you can saythat you were young and in the wrong place at the wrong time with the wrong people and that you were not charged becuase you were not deserving of the charge.  I would go and get a copy of the disposition just to have as proof should you need it.  Good luck.


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