QUESTION

How will a retail fraud affect background checks for jobs?

Asked on Nov 11th, 2011 on Criminal Law - Michigan
More details to this question:
How will a retail fraud affect background checks for jobs and will it always show up on there? If it is the only retail fraud or misdemeanor on my record other then an MIP? and how can you get it expunged?
Report Abuse

5 ANSWERS

Jacob P. Sartz
You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process.
Answered on Nov 28th, 2011 at 4:22 PM

Report Abuse
Criminal Defense Attorney serving Southfield, MI
2 Awards
It will not look good. Retail fraud is a crime of dishonesty. No one likes to employ a thief. You should hire a great criminal defense attorney to try and get the offense off your record.
Answered on Nov 21st, 2011 at 5:00 PM

Report Abuse
Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
Update Your Profile
A retail fraud is a theft crime. Some employers may look at this as an issue of honesty and decide not to hire you. It may not matter for others. Expungement is another matter. With only one misdemeanor, you could wait 5 years and then file a motion for expungement. However, you have two misdemeanors. You should hire an attorney to look at what could be done, depending on where the convictions are and the circumstances of the convictions. I hope that this was helpful.
Answered on Nov 14th, 2011 at 11:37 AM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
It will show up on your record. and it could affect your employment depending on what type of employment you are seeking. It is a crime of dishonesty so any retail positions or jobs that involve confidential matters or managing funds or accounts could be affected.
Answered on Nov 14th, 2011 at 11:23 AM

Report Abuse
Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
Update Your Profile
If the end result is a conviction, it will always show up on a background check. You could ask for an expungement after 5 years if it is the only criminal conviction on your record.
Answered on Nov 14th, 2011 at 11:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters