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NCLEX and Simple Misdemeanor: 5th degree theft

Criminal   (5,519 Views 3 Comments)
by chinacatSN chinacatSN (New Member) New Member

3,221 Visitors; 144 Posts

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I have a simple misdemeanor (5th degree Theft, the lowest degree theft possible) on my record. As it happens, I didn't even really commit the act, I just happened to be shopping with someone who did commit it and I was charged as well - even though I had no merchandise on me that I didn't pay for, I was there and the store claimed that I could have used my friend's bag to steal items, so the items wouldn't be on my person. Whatever. I plead guilty because I was told by my lawyer (court appointed) that if my friend were found guilty, I would most likely be found guilty as well. They had video of her stealing (but not of me stealing, though I was in the video there wasn't any footage of me stealing) and even though I didn't see her stealing, I was still an accessory. I ended up being charged with 5th Degree Theft (714.2(5)). There is nothing on the record that states I was an accessory, it just says simple misdemeanor, 5th degree theft. The incident occurred and was sentenced in November of 2007. I paid my fines. I ended up being fingerprinted at the police station, but I wasn't arrested.

The school did several background checks before we started clinical - Dependent Adult Abuse checks, Child Abuse Checks, Sex Offender Checks, and and Iowa Criminal Record Check. All of my records came up clean - I know, because we were all allowed to see our own when they received them. Every one of them says, "No record found". I've also had a few employment background checks since then and they've all come up clean.

For the NCLEX, the state of Iowa does an FBI Criminal Background Check with fingerprinting. They also do a state check. Even though previous checks have come back clear, I'm pretty sure that this one won't.

So, I have to submit a copy of the court record along with a written assessment of my life before, at the time of, and after the conviction. I'm debating on what to say. If you didn't know me or this story, and you looked at the court record, you would think that I committed 5th Degree Theft - not that I was an accessory. So, I wonder if whoever reviews these things would think I was trying to lie or make myself look good if I told them what really happened? We all have heard that most criminals claim innocence - I'm afraid if I say that I never stole anything, that I was just at the wrong place and the wrong time, they'll just think I'm lying. Or, should I just avoid the subject and admit wrongdoing, but not actually say that I stole something. I don't want to admit to something I didn't do, but I don't want them to think I'm a liar and not allow me to sit for the boards.

Any advice?

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731 Visitors; 2 Posts

Im going throug a simliar situation right now. I got accepted into the program. And I had 2 theft charges on my records, no convictions tho. And I recieved a letter stating that I couldnt start clinicals right now because Im under investigation. I dont know what to do right now so if you reiceve any answers let me know. And yes, provide them with all the paper work the courts have on the issue because that will delay your process.

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401 Visitors; 2 Posts

i am also in the same position as you. Same thing happened to me as i was at walmart with my little sister and her friend who were shoplifting an i paid for my things but still got a ticket and had court due to the fact that i was the adult an they were the minors, i have a 5th degree charge also, and find it very hard to get a job due to them seeing this and thinking im a stealer witch i am not. one thing i can tell you is call you local court house an see if they can expunge it off your recored and if not then be completly honest but also take responability, empoyers dont like to hear the blame its not my fault game they like to know people take responsibiliies ,so my opinion is going in to the interview i they ask be honest but also say i take responsibility for the action as much as you can making sure they know that you didnt steal but you shold have ben watching to make sure she didnt but you paid for the crime and make sure they know that you a good person an that wasnt who you are , im currently looking for a job as welll and i wish you the best of luck i wish i had more advice to give you but thats all i got i hope it helps, my teacher told us its always best to be honest in an interview becuase theyll find out one way or another. Oh an dont forget to put it on the application if it asks if you have any mistomeaners to put yes an will explain in interview but dont bring it up unless they ask always better to avoid it if you can. hope this helped good luck to you.

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