Retail theft-- no court trial-- was I "convicted"

[learningasIgo]

Retail theft-- no courtroom trial-- was I "convicted?"

What is the name of your state?What is the name of your state? Pennsylvania

Almost 20 years ago, I was arrested for retail theft at Macy's. See below if you want the background. I was around 20 at the time. I was taken to the local police department and fingerprinted. I might have paid a fine, but I'm not sure. I probably signed something admitting guilt, but I'm not sure. It was a long time ago. Since then, I've been clean as a whistle.

I do know that I never went to court. Now I don't know if I was "convicted" or just "arrested." Honestly, I have no idea and need to know how to answer a question on a job application. If I was "convicted," wouldn't I have had to go to court, even if I was pleading guilty? Did Macy's drop charges, for example?

I have requested a records check through the state but that takes weeks and is not comprehensive, they say.

Any idea? Thanks much. I.


P.S. My crime was "self servicing" an exchange for a pair of Large gloves for Medium gloves shortly after Christmas, when the cashier lines were a mile long. I took a pair of Large gloves out of my pocket, put them on the shelf, and put a pair of Mediums back into my pocket. I had the receipt but the store detective noted the size difference and concluded that I must have stolen the Mediums. Price was under $50. I was knew that the RIGHT way to swap was through a cashier, so I felt guilty and admitted to a theft; I was young and depressed.

 

[learningasIgo]

Here's more information, found after digging into a lot of web sites.

Retail theft valued at under $100 is considered a "summary offense," if you are a first time offender. I read the law, which is carefully entitled "offenses and crimes." Second offenses or larger thefts are classified under a heading marked "crimes," with more detail. A separate paragraph describes the first-time situation and is called an "offense."

So the question becomes, if I committed an "offense" that is obviously wrong, how do I answer the question "Have you ever been convicted of a CRIME (except older marijuana and driving-related misdemeanors)."

http://members.aol.com/StatutesP8/18PA106.html classes of crimes and offenses
http://members.aol.com/StatutesP3/18PA3929.html theft in specific

Using a legalistic explanation, I didn't commit a CRIME, so I'm checking "No." If a background check turns up my OFFENSE, do I look like a liar and a thief, or just a thief?

 

[CdwJava]

Did you have to pay a fine or restitution? If so, that was probably the punishment for the offense.

And depending on what you are applying for - and the background they do - you COULD find yourself disqualified for the wrong answer.

Carl

 

[learningasIgo]

Thanks, Carl. What do you mean by "depending upon my answer?" Obviously, if the employer decides that I am a risk because of my rap sheet, then I don't get the job. That isn't under my control so I can't worry about it.

However, how can I be faulted for answering a question that didn not inquire about summary offenses (Penna. terminology) or infractions (California terminology, where the job is located)? California job applications also tell me that I don't need to mention marijuana convictions (which I don't have).

I can understand how someone might want to answer the question as "no" but also say that "in the interest of full disclosure, I was convicted of a summary offense (not a misdemeanor or felony) on xxx at location yyy." However, by the same reasoning, shouldn't I also admit to a marijuana conviction (if I had one), even though the question didn't ask about it, "in the interest of full disclosure?"

I'm not sure how "full disclosure" helps me. Where does it stop? What other information should I disclose, then? That my handwriting is poor and illegible? That I hold stock in competitor firms?

 

[CdwJava]

""""What do you mean by "depending upon my answer?""

Well, let's say they ask if you had ever been arrested - or some variation of, "have you ever been found responsible or liable for any criminal act?" ... if you were to answer, "No", then unless you can cite legal authority permitting that answer, you might be toast.

Only an attorney in your state can really answer this question. But, answering wrong (like writing "No" when the answer is apparently "Yes") can always result in a no-hire due to your non-disclosure, or even later temination if they feel you lied on the application.

And in CA, most backgrounds will usually distinguish between Infractions (such as traffic citations) and other criminal offenses. But, again, there are as many versions of a "background check" as there are people. They do not fit into neat little holes.

In law enforcement backgrounds you would have to be completely forthcoming and truthful on all of this. In private employment backgrounds, this is less severe. Asking about arrests, for instance, are usually a big no-no ... asking about convictions can be okay.

For the complete answer, you may wish to consult an attorney or a judge and get the opinion in writing so that you can show an employer. But, the complete disclosure part (regarding the offenses) may be the best path to take. At least it will prevent later termination if/when the offenses come to light.

Carl

 

[Bravo8]

Retail Theft, being a Summary Offense (which depends upon the amount, as you stated, and also the number of prior offenses) is recorded on your criminal history. It is the only Summary Offense that is included on your Criminal History in PA. The reason being the grading increases for subsequent convictions.

If you had no prior convictions, and the monetary amount qualified the theft as a Summary, then you would have been charged with the Summary offense and issued a non-traffic citation. In Pennsylvania "legalese", a Summary Offense differs from a "Criminal Offense". Criminal Offenses are defined as Misdemeanors and Felonies.

Had you been issued a Summary citation, you would not be required to appear in court for a guilty plea. The Magistrate would have set the fine ($300 plus court costs is the max). You could have pled guilty by mail and sent in the total amount of the fine and costs to satisfy the charge.

Unfortunately, 20 years ago was a bit before my time in law enforcement, so the above is based solely upon current PA law.

Perhaps you could contact the court and inquire about the citation, or how to research their archives if they don't have the information readily available.

Theft is one of the exceptions in PA where police are permitted to make a custodial arrest based upon a Summary Offense (Disorderly Conduct, Underage Drinking, and Public Drunkeness being the others). So, while the issuance of a Summary citation is not normally considered an "arrest" by PA's legal definition, in this case you were arrested. If you plead guilty, that holds the same weight as being convicted.