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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-21-2008, 01:30 AM
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Join Date: Dec 2008
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Unhappy

12 year old capias in background check


What is the name of your state (only U.S. law)? OHIO

I've recently been turned down for a job after they did a background check and found a 12 year old capias (in OH) for a small shoplifting misdeamor back in '96.

But... the capias was for failing to appearin court, nothing actually ever happened with the shoplifting charge. I was late to court and didn't know what to do about it, so i left. No one ever contacted me about the shoplifting charge or missing my court date.

I have passed employment background checks in the past and i've even been pulled over by cops and had them do warrant checks on me and nothing has ever showed up until now... 12 years after the fact.

I'm pretty feaked out about it... and now i'm worried i wont be able to find a decent job again.

I made one mistake a LONG time ago when i was just 18 and i have walked a straight line ever since and have never been in trouble again....
now i'm almost 31 and feel like i've wrecked my entire life over this dumb thing i did as a teenager.

For the longest time i just figured the case was dismissed since the crime was so minor (i only tried to shoplift a pack of cigarettes -- at the time less than $2.00) or i thought the statute of limitations had kicked in and i never even knew there was a capias... like i said, no one has ever contacted me about it (in person or by mail or anything).

So, what can i do now? What can i do about this capias? Can i have it removed from my record somehow? Please help!
  #2  
Old 12-21-2008, 05:06 AM
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Statute of Limitations refers to the time between when the crime occurred and when charges were pressed (and not to how long you can duck out of the eyes of the law once you ditch your trial) so obviously SoL does not apply to you.

I would recommend retaining an attorney and going to the court to turn yourself in so that you can get this matter settled.
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  #3  
Old 12-22-2008, 12:11 AM
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Join Date: Dec 2008
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Thanks for taking the time to respond.

Is there anyting i can do if i can't afford a lawyer? I've been out of work and haven't got a dime to my name right now.

Can you give me an idea of what i can expect when i go to court? Will the fact that the capias is so old make it worse on me? I imagine there will be at least a hefty fine? Not too much more i hope.
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