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Summary Offence

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I have the question regarding about summary offence.

1. If I am convicted for the summary offence , will it show in the Criminal record ??? Background check ???

2. Is it different between summary offence of retail theft and summary offence of disorderly conduct ??? in the record.

3. If I apply for the state license, Do I need to say yes if they ask "Have you ever been convicted of, or entered a plea of guilty, ... to a crime in any jurisdiction other than a minor traffic offense ? You must include all misdeameanors and felonies, even if adjudication was withheld by the court so that you would not have a record of conviction."

*** because it is just summary offence not misdeameanors or felonies ***

Thank you


I thought I answered these questions in your other thread......

1. A conviction on a Summary Offense wil not show on your criminal record, unless the conviction is for Retail Theft. Your criminal record is recorded through CLEAN (Commonwealth Law Enforcement Assistance Network) and through NCIC (National Crime Information Computer - run by the FBI). A Retail Theft conviction will show in CLEAN. I'm not sure about NCIC. Generally a criminal history run will be through both.

A "background check" depends on how in-depth. Records in the Magisterial court where the Summary Offense would have been filed will show the conviction. These records are public and can be discovered by anyone willing to dig deep enough.

2. As I stated in your other thread, Retail Theft covictions are recorded on your criminal history because of the need to maintain records. Second and subsequent offenses raise the grading of the crime from a Summary to a Misdemeanor and the a Felony.

Disorderly Conduct, as well as all other Summary Offenses are not recorded on your criminal history.

3. What "state license"?

As a general rule, Sumary Offenses are not considered to be criminal acts by law. Therefore when asked if you have been convicted of a "crime", technically the answer could be no. If the application requests to know about Felonies and Misdemeanors, then I would say no.

This will also depend on what you are applying for. If you are applying for something where they will do an extensive background check, then I would tell the absolute truth and pony up to the offense. If you say no, and they find out anyway, you look dishonest.

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