If I was not convicted for retail theft under $300 and was offered a job at a retail pharmacy, will I still get the job? 11 Answers as of March 05, 2014

This stupid ONE TIME mistake happened about 5 months ago, I was charged with retail theft for under $300. I know I made a stupid mistake, but I learned my lesson and would just like to move on with life. I went ahead and started my expungement process. I was offered a job at a retail pharmacy. After they offered me a job, they asked for me to complete a drug test and background check. I have no problem nor did I lie in my job application of being convicted because I wasn't. I am just afraid that this will come back to haunt me and they will take back the offer when they see on my record that I have a misdemeanor retail theft charge with no conviction. My case was dismissed. Is it still possible for them to hire me (give me a chance) even when they see this? Or am I just out of luck on this one?

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Law Offices of Linda Rose Fessler | Linda Fessler
Chances are that they will withdraw the offer.
Answer Applies to: California
Replied: 3/4/2014
Universal Law Group, Inc. | Francis John Cowhig
It will be up to your potential employer.
Answer Applies to: California
Replied: 3/5/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
If you were not convicted and the charges were dismissed, you probably will not have a problem. Your court records should have been sealed if the charges were dismissed. The problem that sometimes arises is that before the sealing of your court records, they are publicly available, and there are companies that copy all such records for use in background checks. Thus, even though your court records are sealed, a private company may maintain copies of them which could show up in background checks. I strongly suggest that you review the particular facts and circumstances of your case with legal counsel.
Answer Applies to: New York
Replied: 3/4/2014
This is not governed by any law. This is governed by company policy. There is no law governing decisions to not hire or to discharge for falsification of an employment application, or what is lawfully required to be disclosed. What ever the employer says is final. No right to sue, no right to appeal, etc. You should look closely at the question asked, and then be truthful. I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment appl. When in doubt, disclose. You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.
Answer Applies to: Georgia
Replied: 3/4/2014
KEYL ADR Services, LLC | Mark D. Keyl
It really depends on the employer. Whether you are hired is their decision.
Answer Applies to: Mississippi
Replied: 3/4/2014
    Gates' Law, PLLC | Thomas E. Gates
    It normally only takes one day to expunge one's record, so why is it taking so lone? You charge of retail theft will show on a background check, it if was dismissed. Your only hope is the expungement.
    Answer Applies to: Washington
    Replied: 3/4/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    If you were not arrested and you were not convicted, then nothing is going to show up on a criminal background report.
    Answer Applies to: Missouri
    Replied: 3/4/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That is really up to the policy of that particular store.
    Answer Applies to: Michigan
    Replied: 3/4/2014
    Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
    You should be fine. If it was dismissed you should be able to expunge quickly. The Pharmacy just has to make a decision about trusting you not really a legal issue just a trust in human ability to change issue.
    Answer Applies to: Oregon
    Replied: 3/4/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Probably NOT, because you are on the retail theft database, which is different from criminal history database.
    Answer Applies to: Georgia
    Replied: 3/4/2014
    Fox & Fox, S.C. | Richard F. Rice
    If you were not convicted, you did not lie on your application. Contact an attorney if needed.
    Answer Applies to: Wisconsin
    Replied: 3/4/2014
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