Legal Question in Criminal Law in Missouri

Passing a bad check

Two years ago I was chargd with a misdemeanor of passing a bad check($80) I went to court and received a suspended in sentence and was given 1 year probation. I paid all the fines and completed all the requirements of my probation. At the time, my lawyer said that it would not show up on my record. I am aobut to apply for my nursing license and have to undergo a FBI and state background check. Even though my lawyer said I would never have to worry about this, I'm worried that it might appear. Should I disclose it on the application any way or just answer no? Thank you for your help.


Asked on 2/22/06, 10:25 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Passing a bad check

I will presume that your question refers to a "suspended imposition of sentence". If this is what you received as a part of your plea bargain, and if you sucessfully completed your probation, then you do not have a conviction for the underlying crime on your record. However, you still have an arrest record, and the court file itself is not closed, so that anyone who did the research could find it. The FBI has almost unfettered access to all types of records, so if you lie on an application it is almost a certainty that you will be caught. If the question on the application asks "Have you ever been convicted?", then you can honestly answer "No." But, if the question asks "Have you ever been arrested?", or "Have you ever been charged . . . ?", then the truthful answer would be yes. I hope that this information is helpful to you and I wish you the best of luck.

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Answered on 2/22/06, 11:10 pm


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