My brother is 21, last year he worked at Target and was fired for stealing. The employer filed charges and the police came to target. My brother wasn't arrested, however, the police took down his info and gave him until a certain day to come to the station for finger printing. He went and got finger printed and paid court fees. This took place in the state of PA where he goes to school and we were doing some
research regarding their laws. It states on his record that he was convicted of a "summary offence". The info we were reading states that a summary offence is only being convicted of a crime IF the sentence includes incarceration. He never went to jail. He applied for a job and on the application it asks "have you ever been convicted of a crime?" and he stated no. The job ran his background and that summary offence came up, now they're trying to hold him accountable for lieing on his app, when in reality it isn't a lie because it's not a crime. can they still fire him?
2007-10-18 05:59:30 · 12 answers · asked by Paradise 2 in Politics & Government ➔ Law & Ethics
Yes they can fire him. Oddly they do not need to prove the case.
He was convicted for stealing. Stealing is a crime regardless if another state decides to classify that crime as a "summary offense".
2007-10-18 06:02:58 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Pennsylvania is still a commonwealth state whose laws differ from that of other states.
A summary offence is the same as a misdemeanor and even though he didn't do any jail time he was accused of stealing and had to pay court costs.
The main concern is whether or not he was found guilty by the court. I would say yes because he paid a fine in lieu of going to jail.
So yes they do have grounds to fire him because he stated he hadn't been truthful about his conviction of the crime.
I would strongly suggest he check with an attorney and also check with the court which he appeared before.
2007-10-18 06:05:27 · answer #2 · answered by David T 6 · 0⤊ 0⤋
A summary offense is normally an offense that may be handled judicially with a ticket. Most summary offenses are handled by a judge and not a jury.
Because you say your brother "paid court fees" I can assume that he plead guilty to the charge. Not all offenses require going to jail...especially summary offenses.
Even though a law stipulates that a person MAY be incarcerated for breaking the law does not mean that you WILL be incarcerated. Jail can be waived or suspended by the court.
I would strongly suspect that when your brothers case went before the court...the judge found him guilty, ordered restitution, payment of court fees and fines, and suspended any jail sentence.
In hopes this helps...best wishes.
2007-10-18 06:14:46 · answer #3 · answered by KC V ™ 7 · 2⤊ 0⤋
A police checklist is purely that, a checklist for the police and government tips and is created for each guy or woman who's arrested, convicted or no longer. it relatively is not any longer disclosable to all people except you prepare to an corporation like the Police or militia. Even then it relatively is not any longer likely to have any impression on your activity e.t.c. A criminal checklist is diverse, it skill you have been convicted of an offence or regular a warning, and maintains to be disclosable to all people who asks for it for no less than 5 years (companies, no longer persons). A criminal checklist can impression a destiny activity or an latest one as nicely as prohibiting you get right of entry to in to different international locations such because of the fact the u . s .. A penalty be conscious for sickness is diverse. it relatively is an admission which you comitted the offence even though via accepting and paying the high quality you're discharging all accountability for the offence. subsequently, you will get a police checklist yet no longer a criminal one.
2016-12-18 10:58:04 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Criminal Records Search Database : http://www.SearchVerifyInfo.com
2015-09-07 17:24:11 · answer #5 · answered by Reed 1 · 0⤊ 0⤋
Yes. Just because he wasn't put in jail doesn't mean he wasn't arrested. Technically when a cop pulls you over, he is arresting you. However he is releasing you with a citation instead of taking you to jail. the jail time could be considered the time it took him to be fingerprinted and processed. Your brother was fingerprinted and the store manager filed charges. Sorry. He's an idiot for stealing and now he has to suffer the consequences. Tell him not to look too surprised.
2007-10-18 06:04:36 · answer #6 · answered by George C 2 · 1⤊ 0⤋
Stealing is a crime! He has something stating he was convicted, even though he never served time for it! You know the saying innocent until proven guilty/convicted of any crime! If he hadn't been convicted of a crime, he wouldn't have anything come out on his background check!
2007-10-18 06:05:08 · answer #7 · answered by SunnyGal 2 · 1⤊ 0⤋
Your bother WAS convicted of a crime.
He was not INCARCERATED for that crime.
That is the difference. Many people are convicted of crimes who do not go to jail. Jail is only one form of punishment for criminal acts. Fines, community service and suspended sentences are all given to some criminals. It does not mean that they have not been convicted.
2007-10-18 06:05:36 · answer #8 · answered by artistagent116 7 · 1⤊ 0⤋
It's possible, he should find a job elsewhere. Over a certain period of time, this will disappear off his record. I wouldn't sweat it, just find another job, or keep looking.
2007-10-18 06:03:09 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This question Can only be decided by competent court of law.
2007-10-18 06:03:33 · answer #10 · answered by Anonymous · 0⤊ 1⤋