will pending case of shoplifting will show in background check?

Work in Progress · May 1, 2010

It probably will show up. I am not an expert on these things, by any means, but I am pretty sure pending things show up. I would just be up front with the school. Let them know what happened, what steps you are taking to correct it, etc.

They are seriously prosecuting you for shoplifting candy? I mean, seriously. That is like, what, a couple of bucks at most. Seems like they should have just asked you to pay for them and moved on with life. What a way to tie up the criminal justice system. Good luck to you.

oarquiza · May 1, 2010

I think there is the so called "presumed innocence unless proven guilty beyond reasonable doubt." Pending case does consider you guilty of the crime and it has to be proven in the court of law. I believe school knows this because if not...anybody can just accuse us with a crime and be persecuted without given a chance to hear our side.

Magsulfate, BSN, RN · May 1, 2010

By pending, do you mean you have been charged with shoplifting but haven't yet been convicted, but there's still a possibility of conviction? Or do you mean, you have been convicted but it hasn't been processed and hit the record?

If you are found innocent of this charge, then you are fine. Nothing more to worry about. If you get convicted then you will need to tell the school and there is a good reason the school asks. The school doesn't want to fill it's chairs with students who will graduate and not be able to take the board exam. Also, they don't want to waste your time and money if you won't be able to become a nurse.

So, the best thing to do is to tell the school and see what action they take.

NICU_babyRN, BSN, RN · May 1, 2010

Your best action is to turn in your acceptance letter in person but ask to speak to an advisor at the school of nursing about your case. they will most likely still accept you but you need to be 100% honest about it otherwise you'll only make it all look worse.

cabanaboy · May 1, 2010

4/30/10
I have a pending case of shoplifting. My second hearing is on May 11, 2010. I just received a letter of acceptance to the nursing school and I have to send the acceptance letter by May 10.
The scary part comes here, I have to do background check (finger printing). "They said it could be submitted before August 18 (which is the day the classes start).
My question is, if I do my fingerprinting before May 11, will the pending case show in the background report? Will the school reject me once finds out I have a case pending (if it shows?) ... Well, the shoplifting happened this past March/10. The application was submitted a year ago. Then, I had a clean record.
My shoplifting was for candies. I put it on top of my baby stroller and I totally forgot I had to pay for them when I left the store. When the lady stoped me, I didn't even know why. Of course, no one believed me. They said the intention was there. do you think the nursing school will reject me as soon as they find out I have a pending case? I am so devastated right now.

Racharina,

I'm about to graduate, and before nursing school I was a Judicial Assistant for almost 5 years. I'll share what I know, I think it will help.

If it was me, I would call the DDA handling your case and ask to meet with them. The might tell you that they don't have time before the 11th. If they don't have time, you can ask the court for more time on the 11th to work out something with the DDA. I'm assuming you were charged with theft. As you describe the facts, I doubt they have a case for that. At the least they will offer you a plea deal for a lesser charge (ie. criminal mischief) if not dismiss it altogether. Most DDA's are pretty reasonable. Even if they think they have a case, they probably don't want to use their resources to put you on trial so they will at least offer you a plea deal.

Whatever you do, don't plea guilty to theft. Theft on your record will sound off the alarm to future employers no matter what field you are in, and you may not ever get the chance to explain yourself.

If reasoning with the DDA isn't working out, or just for your own peace of mind, call a reputable defense attorney. For a case like this it probably isn't as expensive as you might think.

As for the background check done by those background check companies, it will LIKELY not show anything until you are convicted of something (unless you were arrested, then you have an arrest record). However, court records are public so if someone goes down to the courthouse or your court has a public online record search, then someone will be able to see you have a pending case by doing a search of your name.

I think NICU baby RN's advice is sound. However, I might send in the acceptance letter and then see what happens on the 11th. If your case isn't resolved by then though, I would go meet with the advisor and tell them what's going on.

I know it's stressful, but I think in the end you will be just fine!

Racharina · May 3, 2010

ok, sorry for the upcoming long post ...

hi guys, thanks a lot for lifting up my spirit!

yup, they are (jc penney) prosecuting me for "godiva chocolates". my lawyer told me that big companies prosecute for even $5 items. you know, shoplifting is a serious thing, apparently they lose too much money cuz of it. the problem with me was that i opened one package to eat a few of the chocolates. i didn't think it was going to be a big deal since i was going to pay for it. i had a watch that i had bought @ jcp a month prior, and before paying for the chocolates, i stopped @ the watch counter to see if they could size it down. talking to the lady and trying back and forth the watch, i forgot to go to the cash register and left the store (like i said the candies where right on top of my stroller --> by the handlers). at that moment my baby girl was almost 3 months old, i was sleep deprived and very tired. i also have another 2 1/2 year old daughter that i have to be after all the time.

per one or your questions, no, i haven't been convicted yet. my second hearing is 5/11. in the first citation, my lawyer just went to fill out paper work and certify that i was pleading "innocent".

i mailed my lawyer about my acceptance letter and asked if the pending case would be showing, etc. this is what he said:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

let me see what i can work out with the da. we have a couple of options as previously discussed, to wit:

1. an infraction [not a misdemeanor]; or

2. a deferred entry of judgment in which if you complete certain things such as a theft awareness class, and thereafter all the charges are dismissed.

either 1 or 2 should preclude you from a misdemeanor conviction.

please do not jump to any conclusions until i have done everything i can regarding your case. i will keep you posted.

last, remember, you are innocent until proven otherwise. you do not have any convictions related to this matter.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

i just got his e-mail and i am even more confused. i guess if an infraction or deferred, would that mean i am guilty? but yet i am not convicted? isn't it still bad for nursing?

my whole thing right now is that i have to go get my finger printed... once the school sees them, it will show this case pending and therefore will raise a flag to them. (my lawyer didn't say anything about whether showing as pending or anything).

cabanaboy, yes, i was arrested on the spot. so i guess i have that on my record? jcpenny treated me like low life ex-com back. then i had to wait for about 40 min until the police officer came. he then read me my rights and after searching everything i had on me (wallet, baby bag, stroller, etc) released me (no hands cafts (sp?) were used). so i guess that is an arrest that is in my record.

cabanaboy, i wanted to ask you, can i be guilty and not be convicted like my lawyer said? i am supposed to have a very good lawyer, but who really knows in the end. all i know is that $10 candies is costing me $2,500 so far. so, if the fine is reduced (like my lawyer said), it does still show in my record and nevertheless looks bad... what do you think the nursing dept would think of that?

nicu's advice sounds very reasonable. what i will do is send my acceptance letter by mail or fax (due date 5/10). wait till 5/11 and see what is my verdict. if bad, i will personally talk to the advisor at the school of nursing (so help me god). the letter said that the finger printing and other pre-re are due "prior" august 18 (which is the date i were to start classes).

i tell you, this is soooooooooooooooooooooooo stressful. i haven't told anybody about my acceptance. i thought once i received this letter, it was going to be the happiest day of my life. now, even if i accepted, i don't know if i am in yet. i haven't even told my husband about it. i don't want to make him feel even more disappointed. :crying2:

Work in Progress · May 3, 2010

I am sorry! I have no advice for you (and it looks like you are getting good advice from your lawyer and some of the very helpful people at AN). I just wanted to say that this I am so sorry this is happening to you. I can't believe when I hear about ridiculous things like this. I can't tell you the number of times that I have been in a store and some little thing has fallen behind my son's corificeat or diaper bag in a cart and I don't see it till I am unloading at the car. I always go back and pay for it, and I am sure you would have, too, if you had noticed instead of them stopping you. I better be more careful, or I will end up in your shoes.

I read an article in the paper last week that said that the most dangerous drivers on the road- more dangerous than drunk/high drivers- are moms with babies under three months. I believe it. Sleep deprivation and stress really does impair awareness of the world around you! Hang in there! I know it is so hard to wait to see the outcome, but someday this will all be behind you.

Racharina · May 3, 2010

Thanks "Work in Progress". Yea, it is difficult to give an advise.

I tell you, this has been so nerve wracking. Whenever I go to a store (e.g. Walmart), I feel all the employees are looking and me and telling thief! The other time I left a pizza place with my two girls. As I was leaving the restaurant, I hear a man's voice behind me saying: "Mrs, Mrs,"... I tell you, my heart dropped. I thought it was a Police Officer. It was the waiter that was just bringing me the bib that I had dropped inside the restaurant.

...And I can't even begin to tell you what it felt when I was @ the county jail taking my photo and finger printing. I was there 8 hours! It was the most horrible day of my life. I don't think I could cry more after I left that place.

Anyway, after I sent my post last night, I got thinking that I have to talk to the advisor of the School of Nursing regardless the verdict (infraction, deferred --> no conviction) because they will see something in my record. Unless the charges are completely dropped. This will be another thing I will be facing.

Meanwhile, I won't tell anyone I was accepted in case I get kicked out, so I don't have to give any explanation to anyone. I don't know how I can keep it from my husband tho.

One thing I do know, I believe in God and things happens for a reason. Things like this can only make me more humble and have kindness for people that are going for something like this... even if they indeed had stolen something. :redbeathe

cabanaboy · May 3, 2010

ok, sorry for the upcoming long post ...
hi guys, thanks a lot for lifting up my spirit!
yup, they are (jc penney) prosecuting me for "godiva chocolates". my lawyer told me that big companies prosecute for even $5 items. you know, shoplifting is a serious thing, apparently they lose too much money cuz of it. the problem with me was that i opened one package to eat a few of the chocolates. i didn't think it was going to be a big deal since i was going to pay for it. i had a watch that i had bought @ jcp a month prior, and before paying for the chocolates, i stopped @ the watch counter to see if they could size it down. talking to the lady and trying back and forth the watch, i forgot to go to the cash register and left the store (like i said the candies where right on top of my stroller --> by the handlers). at that moment my baby girl was almost 3 months old, i was sleep deprived and very tired. i also have another 2 1/2 year old daughter that i have to be after all the time.
per one or your questions, no, i haven't been convicted yet. my second hearing is 5/11. in the first citation, my lawyer just went to fill out paper work and certify that i was pleading "innocent".
i mailed my lawyer about my acceptance letter and asked if the pending case would be showing, etc. this is what he said:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
let me see what i can work out with the da. we have a couple of options as previously discussed, to wit:
1. an infraction [not a misdemeanor]; or
2. a deferred entry of judgment in which if you complete certain things such as a theft awareness class, and thereafter all the charges are dismissed.
either 1 or 2 should preclude you from a misdemeanor conviction.
please do not jump to any conclusions until i have done everything i can regarding your case. i will keep you posted.
last, remember, you are innocent until proven otherwise. you do not have any convictions related to this matter.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
i just got his e-mail and i am even more confused. i guess if an infraction or deferred, would that mean i am guilty? but yet i am not convicted? isn't it still bad for nursing?
my whole thing right now is that i have to go get my finger printed... once the school sees them, it will show this case pending and therefore will raise a flag to them. (my lawyer didn't say anything about whether showing as pending or anything).
cabanaboy, yes, i was arrested on the spot. so i guess i have that on my record? jcpenny treated me like low life ex-com back. then i had to wait for about 40 min until the police officer came. he then read me my rights and after searching everything i had on me (wallet, baby bag, stroller, etc) released me (no hands cafts (sp?) were used). so i guess that is an arrest that is in my record.
cabanaboy, i wanted to ask you, can i be guilty and not be convicted like my lawyer said? i am supposed to have a very good lawyer, but who really knows in the end. all i know is that $10 candies is costing me $2,500 so far. so, if the fine is reduced (like my lawyer said), it does still show in my record and nevertheless looks bad... what do you think the nursing dept would think of that?
nicu's advice sounds very reasonable. what i will do is send my acceptance letter by mail or fax (due date 5/10). wait till 5/11 and see what is my verdict. if bad, i will personally talk to the advisor at the school of nursing (so help me god). the letter said that the finger printing and other pre-re are due "prior" august 18 (which is the date i were to start classes).
i tell you, this is soooooooooooooooooooooooo stressful. i haven't told anybody about my acceptance. i thought once i received this letter, it was going to be the happiest day of my life. now, even if i accepted, i don't know if i am in yet. i haven't even told my husband about it. i don't want to make him feel even more disappointed.

hi rachirina,

you didn't tell me you were such a criminal mastermind. scoping out jc penny for chocolate, then to throw them off you bought a watch just so you could bring it in later to get adjusted, and then "accidently" take the chocolate out with you.

how ridiculous!

anyway, i don't think you were arrested. it sounds like the officer gave you a summons to appear in court. you weren't taken into custody and brought to the jail. and i'm not sure i understand your conviction question. but, a conviction means that you were found guilty by the court, or pleaded guilty.

the "infraction" the attorney was talking about was that they would offer you a plea deal, and would want you to plead guilty to a lesser charge. an infraction is a class, or in other words, level of severity of a crime. most traffic tickets are considered infractions.

in the state i worked in, a deferred judgment meant that basically you were pleading guilty, and that they imposed certain conditions such as a theft awareness class. once you completed those conditions, usually in a specific amount of time. after that time has passed, the court would enter a judgment - case dismissed if you completed the conditions, or guilty if you didn't. if guilty, then a sentence would be imposed on you (a fine, probation, not in your case but jail for some).

either way, again, if it was me i would insist that whatever i am pleading guilty to doesn't have "theft" or "shoplifting" in the title. they should be willing have you plea to something else such as criminal mischief. that doesn't look nearly as bad on a background check that will only have your "crimes" listed and no details about the circumstances.

and don't forget you also have the right to a trial in which they have to prove that you are guilty. the downsides to that are it will be more costly (more attorney time), and if you are found guilty it will probably be to the most serious charge they can bring a case against you for. even if you don't want to go that route, for negotiating power you should know that neither does the dda. it's more work for them, and uses up resources they would probably rather use on other things. most people don't realize that.

i'm not sure what would show up on a background check. in today's world of technology and online records, i would always assume that someone might find out any of what transpired. and to clarify, when i said i would wait until the 11th to see what happens i didn't mean to imply that i might not tell the nursing dept. what is going on. i just meant that after that i would have a better idea of what was going to happen and perhaps have something better to tell them. of course, if the case is dismissed altogether on the 11th, then your worries are over.

i hope that info helps out and helps alleviate some stress. please don't take any of this as legal advice. i'm not an attorney. i'm only trying to help you get a better understanding of the system. your attorney should do that, but i also know they charge you just to talk to them sometimes, and they aren't always too quick to get back to you. let me know if you have any more questions, and how everything turns out.

Racharina · May 8, 2010

Hi cabanaboy, I sure hope I was not arrested. But I remember clearly when the Police Officer told me: "You are under arrest". I tell you, I was about to pee my panties. Everything was happening so fast. All I could think was: "Is this happening to me?!!" ... He read my rights like: "You have the right to remain silent, everything you say .. bla bla bla". Then he issued the ticket (summon to appear in court). Lastly, he said: "I now released you". But like I said, no handcuffs or took me to his patrol or anything of the like. You are right, he didn't take me to jail.

Thanks for clarifying everything to me. I was not sure that an Infraction would be saying I was guilty... but honestly, I had the feeling. Infraction or deferred really does not sound good at all either, but I guess is better than a misdemeanor or a felony. I think those will still sound bad to the school of nursing.

Thanks for advising me what it should be said on the title. I will bring it up to my lawyer :idea: .

Regarding a trial, I remember signing the contract where it said if we were to go to trial, the charge would be 25K there after by hour... So imagine that, a $10 dollar chocolates costing me twenty five thousand!

I will wait till the 11 and see. Then I will go to the police and ask for my background record.

I received a letter from the school saying that they will be sending forms for my finger printing after 5/25. I called today to the school and ask the lady if I could make an appointment to see the Nursing advisor (to explain my problem). She talked me out of it saying that there will be an orientation on 6/18 and I would be able to ask all the questions there. I couldn't bring myself to tell her the real reason why I wanted to see the advisor. I think by 6/18 would be too late because they would had seen my background then.

I really don't know what is going to happen to me.

I will keep my outcome posted here in case anyone would be interested to see what happened to me :heartbeat.

Racharina · May 12, 2010

Hi guys, in case you are interested. My lawyer said that the DA has brought it to an infraction. So I have to be there on 6/23 to plead to it.

It won't be a misdemeanor or a conviction.

However, I think this is still bad, but not as the other two above.

If this is happening to any of you? will you still bring it to the nursing advisor? Will this be something that they will kick me out of the program for fall 2010?