Legal Question in Criminal Law in Ohio

Re: concern about background check

A couple of things: Without knowing what you pled guilty to, it is not possible to say for certain that is was not a crime, but instead was a violation. In NY, Petit Larceny is a misdemeanor � a crime � not a violation. You yourself do not sound certain of what you pled to, so do not assume. You know what happens when you assume�. Get the facts.

Next, unless the matter was dismissed and sealed it is on a permanent record and can be discovered by those with access. There is no one trying to �report� it. There are employers however, who are asking for this info. The State is not required to cover your butt. If you lie to your prospective employer, you do so at your own risk.

State to state, laws will vary. But in general the concern is whether someone can ask whether you have ever been arrested (which can happen to an innocent person with no record resulting) or whether you have been convicted of a crime. Obviously you have been arrested. Again, lie at your own risk. Also, it is still unclear whether you were convicted of a crime. If it was a violation, then you can honestly answer �no� to that �crime conviction� question. Keep in mind that many employers go with the theory: If you steal you lie. And perhaps vice verse. So you may not want to add fuel to that by lying about your background. But hey � it�s up t o you.

Good luck

Tanya Robinson

An experienced and successful NY litigator and former prosecutor, Tanya Robinson is a frequent legal analyst and guest commentator on Court TV. She can next be seen on Court TV this upcoming Wednesday, November 29, 2006 from 3-5 pm EST on Closing Arguments with Nancy Grace. Check you local listing for time and channel.