it was a value of 100 dollarsi did the whole probation and was told its sealed ?
Probably not. A misdemeanor charge, when you are under 19, is automatically sealed the 1st time if you pled to the misdemeanor. Since it was such a low shoplift, you most likely received a reduced disorderly conduct which is not a crime but may not have been sealed so employers may see that. If you got an ACD which led to a dismissal, that should not be found by employers.
OR, it's just the tough economy!
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
I agree with my colleague. You did not say whether you had even gotten to the background check stage at any jobs which then declined to hire you. Even if you had, it is unlikely that a sealed juvenile misdemeanor would keep you from working as an adult. The economy is hard for most young people in your educational situation. Stay diligent and keep looking and, above all else, don't make a less-than-ideal situation worse by doing anything else to jeopardize your chances at a good job. Good luck with your search.
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The value makes no difference, however the age does. If that was your first and only conviction, then it would have been mandatory that you receive a youthful offender adjudication, meaning that you wouldn't have a conviction AND the record would be sealed. Employers cannot see YO adjudications. Get a copy of your criminal history report - if it indicates a conviction, hire and attorney to straighten it out.
You were arrested for a misdemeanor but it doesn't seem like you know what the resolution to your case was. If you were 17 and shoplifted under $100 worth of merchandise then it's doubtful that you plead guilty to a misdemeanor with youthful offender treatment - especially if this case was in Brooklyn. It's much more likely you received an ACD or disorderly conduct. I'd also guess that you weren't on probation, more likely told to stay out of trouble for a period of time and the case would be dismissed. If you think you were on probation for 6 months then you probably got an ACD which means all of your charges were dismissed and sealed and this arrest is not affecting your ability to find a job. Even a violation (disorderly conduct) which selas after one yar is not a criminal record. The first thing you should do is go to the court where the case took place, see teh court clerk and get a certificate of disposition. This will tell you what the outcome of the case is. Once you see that the case is probably sealed and not available to prospective employers except perhaps law enforcement jobs, then it may give you some more confidence on future job interviews. Good Luck to you..
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
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