Legal Question in Criminal Law in Illinois

Hello,

My name is Tamara and have a legal question. In April 2003, I pleaded guilty of a felony 3rd degree theft by unlawful taking in Atlantic County NJ but was sentence to probation in May 2003 but the incident happened in May 2002. I completed probation in July 2006 with good behavior. I have not been in trouble since the incident and completely turned my life around. When I filled out a job application, it asks, "have you been convicted on a felony in the last 7 yrs?" How do I answer that question even though it's over 7 yrs (7yrs, 5months)? Will it still appear on a background check?

Thanks


Asked on 9/21/10, 11:07 pm

1 Answer from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

Your conviction began and was entered on the day you plead guilty in May 2003.

That is a strangely worded and confusing question but technically you are right. You were convicted 7 years and 5 months ago. You can answer that question with a "No". However, the arrest and conviction will appear on your background check. Did you receive TASC probation or 710 or 1410 probation? Those types of probation are expungeable and you could get them off your record. If not, then your only option is to petition the governor for a pardon.

t's always the best policy to be upfront and honest with your potential employer about your background and let them decide how to proceed. You were convicted of theft which is considered a crime of dishonesty. You want to show your potential employer that you've moved on and learned from your mistake by being honest and upfront about your past.

good luck,

Purav

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Answered on 9/28/10, 8:53 am


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