Legal Question in Criminal Law in Ohio

theft

In May 1993, I was involved with a theft. My friend worked at a clothing store and she wanted me to add some things with the group of things that I was about to purchase. So she did and someone was watching use and we got caught. The store took the merchandise that I didnt pay for and gave me back the items that I did. We both went to jail. I just turned 20 never been to jail, we didn't want our parents to know, I was scared, as a result I used a fake name. Now the school district that I work for required use to do biometric finger printing. This case came back up. All they need is a disclosure form, but I am scared that it is going to show that I used a fake name and I will lose my job. After my friend finally came up with money to get me out, I left and never came back. So what happens now, what do I do to get this cleared?


Asked on 12/09/08, 2:10 pm

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: theft

Your email describes several potential problems. It is not clear to me whether you ever responded to the Court case in Ohio. From the email, I would assume that the police arrested you under a false name and you never showed up in Court. If that assumption is accurate, then you probably have a warrant for your arrest under the false name that you gave the police in Ohio in 1993. If you did show up in Court and allowed the Court to process the case under that false name, you have committed a criminal act (falsification). Even though the statute of limitations on that offense may have run, there are ways to extend that statute of limitations. One way is if you committed fraud (which you did, by giving a false name). Another is if you left the jurisidiction (State of Ohio) which you did, at some point, because you are now living in Texas.

Because you work at a school district the background check and fingerprinting has brought all of this past activity to the surface. If you are a teacher, then you risk losing your teaching license because you did not disclose this prior arrest when you applied for a teaching license.

All of this leads me to conclude that you should now confront the issue in Ohio directly. The best way to do that is to hire an attorney in Ohio (preferably one who is familar with the Court system where you were charged with theft).

As you recognize, you made a mistake by being involved with the theft, then compounded that mistake by using a false name. While these problems can be resolved, they require action on your part and the assistance of a competent attorney.

Pleaes feel free to contact me directly if you have any additional questions.

Good luck in resolving this matter.

Respectfully,

Richard A. Cline

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Answered on 12/09/08, 2:21 pm


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