Legal Question in Criminal Law in California

Working with Children and Criminal History

Hi, in 1998 I was convicted of petty theft and had to pay a fine and sentenced to three years probation although I was never fingerprinted. Currently, I am in the process of having the charge esponged from my record although I have no idea what that will do.

Anyhow, I applied for an internship position (without pay)at an organization that deals with ''at risk'' kids ages 6-12. My main job is to act as a tutor.

Anyhow, part of the requirement was to get fingerprinted and the results would be sent to the company.

On another form, I diclosed I was arrested once for petty theft and explained what had happened = my friend put a pair of earrings in my purse without telling me while I left the dressing room.

However, I am afraid that this charge of theft will disqualify me for the internhip position because of the current laws about working with children.

I did write a lengthy explanation of what had happened. This has been the only thing ever to be on my record. I was told from a friend that they would not hire me because of insurance purposes.

Please can you tell me what you think and will my fingerprints show this conviction even if I was never fingerprinted.


Asked on 12/11/03, 9:51 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Working with Children and Criminal History

If and when the conviction is expunged, you will no longer have to admit to being convicted, and can say "no" to that question. For this job, it probably will not keep you from being hired, as it is not a felony and not anything to do with violence or issues threatening kids. Since you were never fingerprinted, it will not 'come up' in a background check in future. If you need legal help with the expungement, contact me to discuss.

Read more
Answered on 12/12/03, 5:24 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Working with Children and Criminal History

Thank you for your posting.

You are doing the right thing in attempting to expunge this from your record, as that will clear the conviction for petty theft from your criminal records. Unfortunately, you likely would show up in any comprehensive background check, and most employes take theft charges especially serious, as they relate to not only your propensity towards crime, but also your truthfulness and loyalties when presented with financial temptation (in the potential employer's point of view, that is).

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Read more
Answered on 12/11/03, 10:03 pm


Related Questions & Answers

More Criminal Law questions and answers in California