Legal Question in Criminal Law in Illinois

Retail Theft
About five and a half years ago I was caught shoplifting.The amount of the merchandise stolen was about $140. I was not arrested or fingerprinted, however, I had to go to court. I had to pay a fine of $50, and I think I had one year of supervision (but I am not sure). Curently,I am looking for a professional position and I was wondering about the background check that is going to be done by my future employers. Is that incident going to show up on my record?

Asked on 10/08/06, 5:59 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

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Re: Retail Theft

You need to know whether or not you received supervision on that charge. If you do not have any paperwork, then I would suggest that you contact the Court where you entered the Plea and ask them to locate their records. The whole purpose of "supervision" is to avoid the conviction being entered on your record. So, if you received supervision, then you should not have a conviction on your record. Then, if the question the potential employer asks is "Have you ever been convicted?" you can say "No." and be telling the truth. If the question is "Have you ever been arrested?" or "Have you ever been charged?" then the truth would be "Yes." The employer would be able to discover the arrest record and the record of the charge.

Answered on 10/08/06, 6:25 pm

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