Will an adjudication withheld for petty theft misdemeanor show on an employment background check?

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Will an adjudication withheld for petty theft misdemeanor show on an employment background check?

About 6 months ago I was picked up for petty theft (under $25), but not arrested. I was a first time offender. I couldn’t afford an attorney, got adjudication withheld and completed the online course through National Association for Shoplifting Prevention. They told me this would be off my record in 3 months. Since I’m looking for work, had friend run a background check. He used been verified, and not only did it show, but also has in it “Clerk of Courts-Felony”, “Convicted by Judge-Adjudication Withheld”, and under source says “Felony”. I have no money and in a panic. What can I do?

Asked on June 5, 2012 under Criminal Law, Florida

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

It sounds like you were sentenced to a deferred adjudication. Which means that after you have successfully complied with all the courts terms and conditions, the case will be dismissed. The problem with deferred adjudications is that courts will allow this information to be shown on your public record, stating that you were charged with a crime, plead guilty to the charge or reduced charge, but that the charge was ultimately dismissed. Shoplifting for under $25 is typically a misdemeanor in most states and not a felony. You need to contact the court and ask for a certified record of conviction to see exactly what information has been placed into your public record because whatever is on that certified conviction report is what should be reporting in your public record and background checks.


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