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Civil Compromise

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S

sneedhelp

Guest
What is the name of your state? CA

Hi,

I was given a citation for petty theft(which I didnt intend to commit but forget to pay for the items due to my absentmindedness) for $190. I took a polygraph test to show that I was not a deceptive person. I passed the test with 99% no deception. So the store accepted for a civil compromise and I didnt receive any sentence from the DA. I paid the amount to the store for the civil compromise.

I would like to know the implications of this. Will this incident appear on my records and as how will it appear when a background check is done. The nature of my job requires a clean background. Will this ruin my career? I dont have any other problems. If this appears in my background, how can I errase this? Please advice as I am very worried.

Thanks for your help in advance.
 


AmosMoses

Member
sneedhelp

It looks to me like the store agreed to press no charges against you if you paid for the merchandise. Keep in mind that I am assuming a certain definition for "civil compromise" wherein I think that is a pre-conviction agreement as an alternative to pressing charges, when in fact it may be some sort of sentencing agreement only, and done post convition. Now, evidently you have at least had some back-and-forth between you, the store, and the DA here seeing that you had a lie detector test done, etc. Did you have a lawyer? If so, you need to ask him if you actually have a conviction on your record. If you didn't have a lawyer, I would suggest that you call the DA's office and present the question you posted here to them, and ask them if you have a conviction on your record or not. If you have no conviction, you should have no record, and you can truthfully answer to that on any new employment applications, or queries from your present employer (although most employers usually don't ask that after you are hired, though you may have some condition to your employment that you must remain conviction free, and they from time to time ask you and/or run checks on you). Does your current employer routinely run background checks after you are hired/ Now, if you DO have a conviction, unless you have some condition to your employment otherwise, I don't see anything wrong with "don't ask, don't tell", and you can simply just leave it alone unless they ask you about it. If, however, you have (a)conditions(s) that require you to divulge these matters to your employer, I wouldn't suggest that you knowingly try to deceive them.

My main point is that you first need to find out if the civil compromise was a plea agreement arranged after a guilty plea, or if the store declined to press charges after you paid them. If the former, you will need to decide whether or not you are required to divulge this conviction to your current employer, or if you may be subject to having random background checks run on you. If the latter, then you have no convictions, and hence you should have no record. If you had a lawyer, call him and ask him the question you posted.

I hope that I have not rambled too much or confused you, and keep in mind that this is only my opinion. Good luck with the disposition of this matter.
 
S

sneedhelp

Guest
Thank you very much for your reply. I had an attorney who represented me in this matter but for everytime I approach her with a question I have to make an appointment and pay a consultation fee. I have already spent around $3000 for the whole thing and I am tired.

I was given a citation on the day of the event, then had a finger printing done and my attorney advised me to take the polygraph test and presented the results to the DA and the store manager. The store manager later said that they did not mind. So the DA did not give me any sentence/fine/probabtion but asked me to pay the civil compromise. I am not sure how to conclude as to whether they have me on record or not and how will it appear on records. Is there a way I can erase it? How can I find out this information. Please help.
 

AmosMoses

Member
It seems to me like you may have no conviction even on your record. Write a letter to your lawyer, typing it neatly and concisely, and ask her simply if you have a convition on your record.
 

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