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shoplifting conviction 22 years ago

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KBinky

Junior Member
Virginia

I was convicted of a shoplifting crime 22 years ago(less than $25.00) in Virginia. My 24 yr old daughter is going through a custody battle and I am to be her main witness. My daughter does not know of this conviction. She lives at with us as she always has. The opposing attorney has asked in her discoveries if she(my daughter) or any living with you has ever been convicted of a felony or a misdemeanor containg lying, cheating or stealing? I don't know why she is asking this of anyone other than my daughter because my family is not the ones on trial for this case but her and the babys father. I don't want to hurt my daughters case. Is there anyway his attorney has obtained this information? A friend works at the courts and said that because ut was a minor offense and so old that is is most likely only searchable by microfich,said there are so many misdemeanor cases they can't keep them all online. I don't want to re hash something that is 22 years old. But I don't want to hurt my daughters case either. I was 20 at the time of the conviction. I did work in the public school system a few years back and had a fingerprint background check done and as far as I know they didn't find anything, if they did they didn't say anything to me about it and I didn't list it on my application as it was so many years ago. I did my time 2 days in jail and paid my fines. It is the only time I have ever committed a crime and have regreted it ever since. Can my daughter answer that questions to the best of her knowledge and say no? Should I just walk away from being her main witness and re hash this 22 year old conviction? Confused and worried!What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
You should disclose all this to the lawyer handling the case. He can then determine the risks to your daughter's case as to having you testify. Frankly, I suspect that while they do blanket ask such questions in discovery, the fact that you were convicted isn't going to be too consequential and the probability it would come to light is independent of whether or not you testify.
 

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