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How can I find work now during Disorderly Conduct? What to say during interviews?

Bronx, NY |

I did a no receipt return on to a gift card, but the customer had the receipt after I did the transaction. Paid 20bucks more or something. So, I return the items again based on her receipt. The gift card however, can only be charged again to zero it out. I went to break, and the receipt was gone and items bought back to the store. So... I kept the card and after a month bought stuff with it... I think everyone can imagine what happened next.

What should I do now job wise? My DC is from theft and expires in a yr. Will future employers see my employment background and see "fired due to theft"? Their were 5 store openings and I had an interview for all of them. I simply said I quit due to school. Should I had say from the first interview that I have a DC for theft?

I do not want to lie but thefts not a good impression. But five interviews and no response. I am assuming they do interviews first then BG checks and I must of failed. Five mass hiring events and two of them saying they wanted to hire me. Surly they must of seen the DC after I left. I kind of wish I can seal it now, (can I?) everything has been done and paid 2 months ago sinced issued DC. I feel a little parnoid because I kept hearing that after the 1yr DC and the charge WILL show up on BG reports. It suppose to but it doesn't get sealed? Also, it's a violation, so why is it on my record for the year anywy? Sinces violation are not a criminal record? I thought it meant I loose the DC conviction if I break the law during the yr. So, for a yr DC will show up on BG reports. I need a weekdays job, and I feel like this will really hurt me. Currently employed weekends at pizzaria.

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Attorney answers 3

Posted

If you could prove that you are not being hired simply because of your criminal background, and that the job has no bearing whatsoever to that criminal conviction, then you may have a valid discrimination claim. However, these claims to be very difficult to prove.

If you wish to get a job, you may have to work your way up. I have a difficult time believing that another pizza shop would discriminate against you for this type of background behavior (especially if you were in the back). Perhaps you will need to work in some type of field where you will not be handling cash. The theft would probably give a valid basis to avoid hiring you due to your larceny.

Posted

You only need to disclose the violation conviction if asked whether you have been arrested. If they ask whether you have been convicted of a crime, simply check no. As for background checks, there are doctors and lawyers and many other professionals working who have disorderly conduct convictions. Keep a positive attitude and good luck.

This response is for general information purposes only and does not constitute the formation of an attorney-client relationship. Past results do not guarantee future results.

Asker

Posted

Thanks, I will try and stay positive. I'm not a bad person, I NEVER tried to take anything before. I mean, it was an unplanned situation. I had no intent, I messed up at the register. I never thought I would end up in court. Even though the case ended I can not seem to relax. What does my Criminal BG say now? Does it list the original charges and disorderly conduct, or will it just say 1 count disorderly conduct? Because if it just says disorderly conduct, I won't worry as much since I've meet others with that conviction for something as simple as an open bottle container. After the year ends, may I ask under what circumstances will my disorderly conduct be visible? I was hoping for a city job. Someone suggested security but I doubt it. I was going to apply for a teaching license but I want to hold off on that.

Posted

No ethical lawyer can coach you on what to say other than the truth. You might consider going back into court and asking the judge to consider sealing the case now. The statute suggests that a judge can do this under certain circumstances.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

Asker

Posted

How do I ask for Disorderly Conduct to be sealed now? What do I do and say? Thank you.