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  #1  
Old 06-25-2009, 02:55 PM
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Join Date: Jun 2009
Posts: 1

sealed record (MA) - Shoplifting


Massachusetts


When I was 18 years old (23 now) I confessed to shoplifting this 45$ voice recorder at my work (long story). The police were called and I was escorted out. (not arrested)

Went to court, did a continence without a finding, and just had to pay the $45 bucks. No community service, no probation time, no nothing. I hired a lawyer.

I thought that everything was just thrown out and it wouldn't come back to haunt me.

But I recently applied for a teacher position and was denied because the shoplifting incident came up on the background check.

What steps should I take to resolve this?

Thanks so much
  #2  
Old 06-25-2009, 04:01 PM
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Join Date: Oct 2006
Location: Northfield, Minnesota
Posts: 305
You're going to have to petition the court to expunge (seal) your criminal record. If you didn't have to admit guilt, you'll have a better chance at getting a judge to approve the expungement.

But, you should know, expungement is pretty difficult. You'll need to hire an attorney to help you.

More info here:

[url=http://www.lawlib.state.ma.us/subject/about/cori.html]Massachusetts Law About Criminal Records[/url]
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  #3  
Old 08-28-2009, 11:30 AM
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Join Date: Aug 2009
Posts: 3

Teacher certification and emlployment


Were you able to obtain teacher certification/license? Were you able to find employment with this charge dismissed? I am in a similar position. I am not currently teaching and my license expired in May. I was arrested for a shoplifting incident when I was experiencing some severe depression after several losses, new marriage then birth of a baby and finally stopped working and staying home all the time which is no excuse by any means just needed a lot of help dealing with all of it and the issue which caused me to feel shoplifting would make me feel good temporarily even though I knew it was wrong and should not do such a thing. Never would have thought my mind would put me in a position like that but you really never know until you go through something that makes you feel like you have nobody around and you are screaming for help inside. If I ever do get through everything with successful group and individual therapy that I am receiving and attempt to go back to teaching or subbing, I would like to know if it would severely hinder my ability to renew my license and successfully find a teaching position or even substituting jobs?

Can you also keep this post updated on how it goes for you if things have not worked themselves out as of yet! Please! It would help me tremendously! Thanks in advance!
  #4  
Old 08-28-2009, 11:31 AM
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Join Date: Aug 2009
Posts: 3

Questions


I posted some questions, do you mind answering them when you get the chance?! Thanks so much!


Quote:
Originally Posted by username123456 View Post
Massachusetts


When I was 18 years old (23 now) I confessed to shoplifting this 45$ voice recorder at my work (long story). The police were called and I was escorted out. (not arrested)

Went to court, did a continence without a finding, and just had to pay the $45 bucks. No community service, no probation time, no nothing. I hired a lawyer.

I thought that everything was just thrown out and it wouldn't come back to haunt me.

But I recently applied for a teacher position and was denied because the shoplifting incident came up on the background check.

What steps should I take to resolve this?

Thanks so much
  #5  
Old 08-28-2009, 11:54 AM
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Join Date: Aug 2009
Posts: 3
Do you know if you plead guilty and have a conviction or did you get it dismissed? You can usually go to the court's website and look up the case on your own and see. If it says dismissed, then all you need to do is be honest and list what happened on your applications for teaching or licensing and they will consider everything. If you don't list it and they find it, then they will deny you licensing and a job and you can possibly face charges for lying on an application. I called around to several school districts because I have been worried I will never be able to teach or work in my career field ever again, which is a consequence that is being faced and I'm trying to get my life back in order and eventually try to go back to teaching and show that this is most definitely not my typical behavior. That will take a lot of time more than likely and fortunately I have a wonderful husband who has stood by me. I am very lucky and it makes me look at people in a whole new way. Some are forgiving and some are not so likely when dealing with something like this.

Anyway, each of the school districts told me that if the charge was dismissed they just want to know about the incident because it will come up on background checks. They want you to be honest about it not try to get it expunged and deny it. They want you to show that you have learned from this terrible mistake in your life and that you have truly gotten help and are likely to never do something like it again. You will have to have some proof of this, like in your case, you have apparently gone through college and stayed out of trouble and probably beneficial to tell them more about how you have bettered yourself and learned from the situation rather than explaining why you did it in the first place. Also explaining other things you have done, such as community service, school activities, etc. will be helpful where they ask. And most school districts want to know those kinds of things on their applications or in the interviewing process about things you've done.

The other thing I was told (you should call the school district where you're attempting to seek employment) was that they want you to list it on your background check and teaching application forms so they know and are aware that something has happened, not to judge you. They also told me it is for Human Resources information and they do not pass on that information to any principal or anyone else. At least, they are not supposed to do that from what a couple of HR's managers told me. They will either recommend you for hiring or won't to a principal and that is it. So, if you are honest and can prove turn around since the incident, they are more likely to suggest you for the job. But if you lie, you will most definitely be ruled out!!!!!
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