Theft under 50- Please advise?

Question

Ok. Five years ago I was charged with theft under $50 which is a class c misd. I just finished college and am currently working on my internship at the IT department of the City. Just yesterday, a president of a bank approached me and asked if I was interested in an IT position at the bank. He is a good friend of the family and always considers me a nice kid, which I am, with the exception of that one incident 5 years ago. The application asks if I ever pleaded "no contest" to a charge which I did. I took deferred adjudication for the offense and after my community supervision period my case was dismissed. I am still going to answer yes because it's the truth. However, do you think this will bar me from getting a job there at the bank even though I am not working directly with money? Please tell me what you think.

Answer 1

I would check with an attorney in the state you reside within. You may possibly, legally, morally, and ethically be able to say no. I am guessing your 'no contest' plea was withdrawn, and therefore legally never happened.

Answer 2

In negotiations of the case against you the prosecutor offered you a deferred adjudication based upon your nolo plea. You plead nolo to the charge and the result of the deferred adjudication was that the case was dismissed. When a case is dismissed it has no impact or force in any future charging scheme. You are not under any compulsion to respond to a question on an application for employment in the affirmative as wanting to know if you had ever plead guilty or no contest to a criminal offense.

The legal truth of the matter is the issue is resolved and the case was dismissed....like it was never there....DO NOT SHOOT YOURSELF IN THE FOOT by responding in the affirmative to such an employment application question.

The intent of the law is to afford people who find themselves in such situations an opportunity to get out of the situation without screwing up their lives....please do not defeat the opportunity presented to you by your feeling responsible to admit to something the law has now ignored.

Answer 3

Were you a minor at the time of the charge? Even if you were not, it sounds like you were pretty young, that it was minor offense and that you learned your lesson.

I would answer the question honestly, but include with my application a short explanation of the circumstances: Charged with less than $50, was only a stupid kid, learned my lesson, finished college and would never think of doing anything like that again. Added to your successful internship and your inside track with the good friend of the family (who may know your story already), you will probably be just fine.

Good luck!