Let’s face it… college is a time when a lot of people make a lot of stupid mistakes. Unfortunately for some, those stupid mistakes don’t stop once they have graduated and may continue on for a few years.
I don’t believe in the scarlet letter, though. There IS hope for everyone who has been burdened with a misdemeanor.
What is a misdemeanor?
Misdemeanors, by definition, are lesser criminal acts and punished as such. They usually are accompanied with a monetary slap on the wrist, although repeat offenses may have you spending the night in lockup. It really depends on the class of misdemeanor that you have committed. Some can have you in jail for up to a year.
Examples of misdemeanors? Petty theft, prostitution, public intoxication, disorderly conduct, trespass, vandalism, drug possession, DUI, etc. Having lived in a pretty large college town, I think it is pretty obvious which of these are more common for the younger crowd.
Being charged with a misdemeanor does not make you a bad person, but it may impact your job search.
So… Are You Hirable?
This is the big question.
Generally speaking, yes! Whereas felonies really hurt an applicant, misdemeanors are not nearly as bad. Any company that does a background check will see what you have been convicted of. So the good news is: at least you aren’t a felon!
The thing is, the company that is interviewing you and doing a background check on you will expect a straightforward and honest answer.
“I have a misdemeanor on my record for drunk driving. I was young and just graduating college. I had just found out I had landed the job I really wanted and went out to celebrate with some friends. I, unfortunately, overdid it and thought I was fit to drive. Luckily an officer pulled me over. I learned a lot from that lesson and have since cut back on my drinking substantially, and haven’t driven drunk since.”
By trying to beat around the bush and pretend that you are 100% perfect you will do yourself more harm than good. Honesty is always the best answer even if it may not seem like it at the time. It also has a lot to do with the nature of the offense. If you were 22 and drunk in public, that is a little more understandable and usually won’t be an immediate disqualifier. However, if you did something involving moral depravity such as theft, you have a much harder discussion ahead of you. But, you still have a shot and need to keep going forward.
A large portion of the answer depends on the job you are applying for and the misdemeanor you received. If you are applying for a job as a bank teller, for example, and have a misdemeanor of petty theft as mentioned above, you may have a hard time getting the job. But if you take that same petty theft charge and apply for a job as a lawn care person, you may not face as many obstacles. If you have some sort of domestic violence charge, getting a job as a police officer may be more difficult. This depends on locality, but generally speaking you are not offered “discrimination” protections as a misdemeanant or felon.
As I have mentioned, you may incur obstacles but should be able to find a job somewhere. Just look for a job that does not relate to your misdemeanor and keep your head up. If you need something to keep you afloat, try and do odd jobs for people like cutting grass and painting.
Ways to Fix Your Record
If you are truly facing insurmountable odds, you may have a few options to help your job search.
1) Motion to Expunge
If you went to court over your misdemeanor, contact the court clerk for the court in which your case was heard. Ask them if you are eligible for an expungement. Depending on the severity of the misdemeanor, the amount of time that has passed, and whether or not you are on probation, you may be eligible. Each locality has different rules, so at the least make sure you talk to the court clerk. If you had a lawyer for the original court date, ask him or her if they would be willing to file your motion for you. It will cost money but will be worth it if helps you get a job.
Some motions ask you to put down a reason. You can put something to the effect that you have learned your lesson and the presence of the conviction is hindering your ability to get a good job. Sometimes the motion will be heard in front of a judge so that they can make sure that you still understand the consequences of your previous actions before wiping your record.
The important thing to takeaway is exactly what the judge is checking on: Hopefully you do realize your actions have consequences and the judge is giving you a second chance.
2) “Self Betterment”
If you can not get your record expunged, you will want to take some steps to show that you have, in fact, learned from your lessons.
If you got a drunk in public or DUI, you will want to get evaluated for alcoholism. After taking the MAST (Michigan Alcohol Screening Test), the counselor will recommend what kind of classes you should take (if any). It is important to follow-through and educate yourself on the effects of the drug. If you are ever questioned about the misdemeanor by a potential employer, you can honestly say that you have taken it upon yourself to take steps to educate yourself on the effects of alcohol. That will be a respectable position and will make you look like you are responsible and willing to accept consequences of your actions.
If you had a misdemeanor related to an anger issue, then you would do something similar but with anger management classes. The point is that you want to somehow show that you have improved your life since the misdemeanor.
By doing so the employer will have nothing to fear by hiring you.
Now Go Get Your Job!
Hopefully this helps anyone with a misdemeanor get a job.
Even if you don’t have an issue getting a job, the bit about “self betterment” and learning from your mistakes is an important lesson.
Has anyone had an issue with getting a job because of a misdemeanor? How did you over come it?
Feel free to comment anonymously.
I'm MLR. After graduating from college debt free, I decided to write a blog encouraging people to adapt responsible and sensible personal finance rules.
May 5th, 2009 at 8:13 pm |
This is an interesting point to bring up; I don’t have any experience with this, but I think it’s important that the person involved realize that whatever they did might not just have been nominally wrong (like it just so happens that our laws don’t like drunk drivers) but really wrong (DUI hurts others), and they don’t plan to do it again, as you mention. Maybe all misdemeanours shouldn’t be treated equally. That said, if someone sincerely wants to turn their life around, I believe there are always ways to do it.
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MyLifeROI Reply:
May 6th, 2009 at 2:30 pm |
@ MoneyEnergy –
It’s not something I have experienced, either… but I know a few people who have!
I think 90% of fixing the problem is, as we have both said, admitting what you did was wrong and taking steps to correct the problem.
Misdemeanors usually aren’t treated equally in the states. There are different classes for punishment reasons.
Thanks for stopping by and commenting!
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Heather Reply:
June 24th, 2010 at 2:27 pm |
@MoneyEnergy,
Well I am speaking from personal experience, I do have a DUI charge stemming from 02′, and I PLEAD GUILTY to it, because I felt so bad and thought I had what I had coming to me, and I would be able to live with my guilty conciesce if I had kill someone for a stupid, dumb decision I made when I wasn’t in my right mind…..with that being said I have a very hard time getting jobs, because I don’t lie on my applications I am very honest and have taken full responsibilty these past 8 years for my actions, and with that being said, I got pulled over last week for a speeding ticket and the cop brought up the DUI charge from 8 years ago, I can understand if I was a habital offender, but I am not, I have lived my life the best way I can since that night and I am a mother of 3 and I am sooooo SICK AND TIRED of being judge for something I did when I was young and dumb……..I am a firm believer that eveyone is entitled to a second chance, it’s what you do with that second chance that counts, but since I am in the legal system I dont get a second chance, I have to live with this for the rest of my life and think it’s B.S.
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chris Reply:
August 15th, 2010 at 9:53 pm |
@Heather, heather i feel you. Thank you for bringin this up with alot of ignorant people. i had a pom charge. my only and first offense. and it has and will haunt me for the rest of my life. it is bullshit. thats the way the system works. people that fuck up do not get a second chance. sorry we should have been perfect.
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May 15th, 2009 at 10:11 am |
I’ve had 2 DUI’s in the past ten years. I completed all of the requirements to get my license back, which included counseling, 30 days of garbage pickup, DUI class, etc. I have not been able to obtain employment in Georgia. EVERYONE checks for misdemeanors, and DUI’s are considered to be the most evil of all crimes. I agree they are extremely dangerous, and I’m not saying my crimes were not wrong and totally thoughtless. I’m sure there are many others who have driven drunk and not gotten caught who have magnificent jobs. I’m in AA and haven’t drank for over two years. However, employment does not look possible in the near future. It’s pretty depressing.
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MyLifeROI Reply:
May 15th, 2009 at 10:40 am |
@Chris,
That really is quite unfortunate. Often times we punish people who are trying to better themselves and learn from their mistakes. I wish this weren’t the case, but it is.
Are you finding that you aren’t being offered an interview, or are you finding that they are looking at this after the fact and then judging you?
Just wondering, because depending on when they find out… it will change how you should approach the situation. I think that by admitting you screwed up you are leaps beyond other people in your shoes.
Reply back w/ some more details as to when you are being weeded out of the hiring process!
MLR
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Financial Samurai Reply:
October 10th, 2009 at 7:39 pm |
@Chris, yikes, 2 DUIs? That’s kind of rough b/c that’s like lightning struck twice. A lot of people get seriously injured and die b/c of drunk drivers. My friend did at 16 when I was growing up, and it still hurts till this day.
What about working as a DUI counselor for several years, and then try and see if you can get it expunged?
GL!
Financial Samurai´s last blog ..We’re Ignorant Idiots! Please Tell Us Why A Flat Tax Is Not Fair.
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Connie Reply:
December 11th, 2009 at 9:34 am |
@Financial Samurai, I’m a 55year old who got her first DWI at 52years old and never had a criminal record in Dallas,TX and really didnt know this would ruin my career of over 15years like this,I went thru the classes the probation etc and evaluations proved that I wound not be repeat offender paid my fines at a cost of over 8k dollars. However by me not understanding the legal system becuz I never had to use it I got screw pleading guilty. In Texas I should have gone to court and took my chances. I’m or was a professinal in my field and have been out of work now for over 8 months now due to this mistake. There is no one to help and I could lost my home and credit for this action. I did not kill anyone only myself financially and career wise. Now since that time there have been two judges sited for DWI that I know of and they are still working and have a job and with the double standards here in Dallas,TX they was able to get away with it. This system fosters crime, because what is a person with a misdemeanor supposed to do? Turn to a life of crime to survive? Wind up in prison to live on our tax dollars? The youths of today have to know that once they get a misdemeanor, they are pretty much screwed. Not to mention that the cops hand them out like candy to minorities, one big set up if you ask me. Minorities take heed.
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Kaye Reply:
December 31st, 2009 at 9:42 am |
@Connie,
I agree with what you said so much! That’s how I feel, I made and will pay for it the rest of my life, it seems, with not being employable. All I can get are lowpaying, crappy jobs. My crime was shoplifting. It was stupid, and I am so sorry I did it, but now I feel like, I can’t make a living, sometimes I think to myself, well, I have to steal now, just to get the basics, like groceries because I don’t make enough money. ( I don’t steal, I just feel like What else am I supposed to do ) So yes, the system does foster crime, as, if you cannot get a job due to criminal record, What other choices do you have??? This is why some continue to sell drugs, rob, etc. I’m not saying it’s right, I’m saying we ALL have to have money to live!
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poopsie Reply:
March 7th, 2010 at 12:10 am |
@Financial Samurai, According to my husband, who use to work for IRS, when a flat tax is imposed, then the Rich, who can afford to pay, and the Poor, who can’t even afford to eat, all have to pay the same percentage and it hurts the Poor a lot. As it is, the poor are excused from paying, so they can eat and tend to their daily necessary needs. While the rich, a lot of times have so much money that another tax on their dollar doesn’t hurt them.
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June 13th, 2009 at 2:23 pm |
I have three misdemeanors that all occurred when I was 18 and a freshman in college in Virginia. I was basically caught with pot twice, once in a public park after dark (which tacked on a trespassing charge), and once in my dorm room. So, I have a possession of paraphernalia conviction, possession of marijuana conviction and a trespassing conviction. I lost my grant money for school and have to endure the embarrassment of putting them on applications and talking about it with future employers. The good news is I finished school with an accounting degree, and am still eligible to be a CPA. I’ve been able to get good jobs but still feel overwhelmingly embarrassed by these offenses. And some employers really do just turn you down when they find out about them. I hate talking about them to employers, they make you feel like you are a huge idiot. I did nothing to hurt anyone! I smoked pot in park after dark and in my dorm room! These are common things to do when you are 18 and in college! But I guess that is no excuse because unfortunately marijuana is still illegal in this country.
The biggest problem I have is that these convictions have contributed to me falling into depression on several occasions. I don’t think I am a bad person, I have a degree, I got good grades, I want to have a good job and contribute positively to society. But I feel like society has already written me off as a bad or at least dumb person. Why did you get caught twice? I was young!
LEGALIZE IT!
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David Reply:
June 23rd, 2009 at 8:34 am |
@Jane, when you were caught the first time, what happened in court? I recently got caught with paraphernalia and I’m wondering what is going to happen to me on the future?
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jane Reply:
July 9th, 2009 at 12:49 pm |
@David, The first time I was actually arrested for possession of marijuana but the cops were “nice” and let it be downgraded to possession of paraphernalia. I got some community service (I think 50), no fine, but 6 months probation which included random drug screens & some drug classes. If you just have the one, I would recommend trying to get it expunged in a few years (wiped off your record completely). Good luck, get a lawyer. Check out http://www.norml.org.
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Financial Samurai Reply:
October 10th, 2009 at 7:41 pm |
@jane, how old are you? This is unfortunate. So many people smoke pot, they just don’t get caught. Let us know if you can get it expunged.
Financial Samurai´s last blog ..We’re Ignorant Idiots! Please Tell Us Why A Flat Tax Is Not Fair.
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June 21st, 2009 at 5:31 pm |
I had 3 charges of theft. I got a public defender because I had no money and my parents had no money. My public defender advised me to take the plea because it was my word against theirs. I told her that I didn’t do it, but she scared me enough to think that I would lose my case if I went to trial that I took the plea. She didn’t bother to look at my case at all. I had all these people that were willing to testify for me on my character, but she wouldn’t look at it. She said they had a video with me in it. I told her I don’t deny I went into the store, but I did not take anything. And if they look at other videos they will see that I went in with what they accused me of taking, but she wouldn’t look at it.
I now have a record, and it will stay with me for the rest of my life.
Its been 3 years now and I have not been able to land a job. I have been holding a sign on the corner street to get food & money, and I’m only 20. I do not drink or do drugs. I am still in college. Its a tough life, but the judicial system is not there to help people.
Having a record sealed or expunged does not help unless you have money and file a motion with every city or state to be sure they seal it or expunge it.
Telling an employer you have a record and being open and honest about that doesn’t mean anything. They have already prejudged you. In this economy, it’s worse.
There is no way you can convince any employer that you are innocent.
I did like your article. Its very informative! Good luck to all!
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Leah Reply:
October 15th, 2009 at 12:17 pm |
@JJ, I know what you mean. I have a misdemeanor charge of criminal solicitation to commit theft and I’ve been jumping through hurdles to get a job. I was automatically deemed guilty by my public defender. I was 5 months pregnant with my son and was scared into a guilty plea. The sad thing was when I pled guilty my co-defendant finally admitted to my p.d. that I wasn’t guilty of the crime but an associate of mines was. He looked sorry and said there wasn’t anything I could do.
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John Reply:
August 11th, 2010 at 6:42 pm |
@JJ, Man I dont know where to begin with mine. I was a police officer in texas at a highschool and I went to the academy in 2006. Had worked with the school district for the past four years. I always prided myself in being a great citizen and had never been in trouble with the law in my entire life. On one night I went out with my wife to a concert we had some drinks and stuff and as we were leaving the club I extended my right hand and poked my wife with a water bottle in efforts to nudge her away from me because I thought she was talking to some guy at the club I was upset at the time. I know I shouldnt have done that but I did. Well, there was this bouncer at the club and he shouts at me and tells me that I cant be doing that the water bottle got to close to her chin area. I was like what??? I didnt do anything and my wife tried telling him as well but I was handcuffed by this fat bouncer and was told to sit on a chair. They called the police department and ultimately I ended up being arrested for a class c misdemeanor. I spent the night in jail, mind you never had been in trouble before for anything I couldnt beleive it. I was released the following day and I told my Chief what had happened? It seemed like if they were trying to give me a hard time about the sequence of events that transpired. They told me that they were gonna give me a desk job until I went to court to determine the verdict. I didnt even get to go to court due to me being so overwhelmed by what had happened. I figured I’d resign in order to clear up all this mess. Well, I was informed by the arresting police department that the charges were dismissed by the judge.. So I was releived.. I started applying to different law enforcement agencies and have had some interviews but I have to be honest with them and tell them why I left. I tell them that I resigned due to me getting into this situation and that it has been all cleared up now. I dont think they are very open-minded about how I was as an Officer. I had a perfect record prior to this and still do no conviction just the charge but they dont hire me or call me back to hire me. I also think the police department where I worked at is burning me and saying bad stuff about me. They have no reason to because what happened to me that night had no bearing how I performed as an Officer.. I always had good evaluations.. Its been 4 months and I cant find work.. I’m very depressed about this situation and dont know what else too do.. Please Help???
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July 11th, 2009 at 6:55 am |
I have a misdemeanor for pheraphenelia, which the sad thing was, I was getting a ride home from a night class for criminology, and I was never into drugs, but a friend had left her bowl in my purse without telling me, and we got pulled over on the way home, for a license plate light was out, which was weird in the first place, but then the got the drug dogs there because when i was really tired i guess they thought i was high, they never gave me a clear answer for the search, but came right out telling them there was a bowl in my purse, and the charged me with that and then used the residue to say i had weed aswell. I went to court and couldnt afford a lawyer or even a public defender, and I pled guilty, they took my driving license away for one year and Im on probation for two years, Im going to college and living in an apartment, and I have been in for several job interviews for many places, but when it comes to the criminal background check, they never hire me, even though they tell me i have more than the qualifications to work there. I have always been out front and told them about my charge and how stupid i was to not be careful, or even take that for a friend, it breaks my heart, but they still never give me the chance. Im about to be one of the homeless people on the street, and no hope of education with this charge…and Im losing hope.
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September 3rd, 2009 at 10:06 am |
I just got a misdemeanor for bad checks. The crazy part about this is a performed a job for a guy i met through criagslist and he gave me the bad checks. If i would known they were bad checks i would never took them in the first place. I had a lawyer and i paid him 2500 to defend me in this case. He got it reduce from felony to misdemeanor and 200 hour public service and probation for year in half. I felt that was a little to much for me not having a single conviction on my record in life. I have my degree information system security. Now i can’t get a job i have learn from my mistake and i will never trust a job from criagslist again. My future is messed up and my career is tarnished all because of one misdemeanor.
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September 18th, 2009 at 5:09 pm |
I was convicted of an open ended class 6 felony for attempted theft that was changed to a misdemeanor after 6 months of probation. I don’t have any other convictions. I filed my own paperwork to have my civil rights restored and rights to bear arms. Most court libaries have “do-it-yourself paperwork. It will save you $500-1,000 which is what an attorney would charge. Good luck to all of you.
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Nicolette Reply:
September 21st, 2009 at 3:39 pm |
@shemp g, what state are you in? I have 3 misdemanors and was told by two different attorneys that it cannot be done in PA. I, like you, hve never been in trouble before. Are you in Cali?
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cassandra Reply:
March 18th, 2010 at 4:34 pm |
@Nicolette, Hi , I got two felony which I’m working on to get dismiss
its been 12 years and I’m working on becoming a nurse I would hate for my past to control my future what should i do
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Jessica Reply:
June 10th, 2010 at 1:18 am |
@Nicolette,
I am from Pa as well with a misdemeanor of theft by deception. I took a cashed a check from an account that had my money in it but the account in my mothers name. Once my mother called the police they wouldn’t let the charges go. I should have got felony forgery but my mother wouldn’t give them the actual check so they got me with theft. Years later we called numerous lawyers about getting it expunged, but they all said pa doesn’t do that (even for misdemeanors) and there was nothing I could do. Finally I found out (on my own) that you can file an application with the board of pardons and the governor (after a long process) can grant you a pardon. This is the same process that murders go through for clemency. Through this process it could be possible to get felonys and numerous charges pardoned (which then leads to an expungement). It is recommended that it has been at least five years since the conviction. Its no guarantee and a long process. Google pa board of pardons for info.
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M Reply:
June 29th, 2010 at 9:11 pm |
@Jessica, Thank you so much for this information. I, too, am from PA and this information might help me get started toward expunging my misdemeanors.
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September 21st, 2009 at 3:37 pm |
I rec’d 3 misdemeanors because I spanked my son. The spanking left 3 whelps on his buttocks. His Father and I broke up years earlier and he was pissed that I was pregnant by someone else and got a restraining order on me, filed charges and almost had me thrown in jail. I am on 3 years probation. I was laid off from a 6 figure job in jan and havenet had even a call yet from a prospective employer. I put out over 560 resumes and applications combined. I have two children, I am 35 years old and I have a MBA. I slip into depression because my employabilty is stifled. I am truly concerned about my earning potential and my ability to take care of my children. I am scared. In PA expunging my record CANT AND WILL NOT HAPPEN. I have NEVER EVER been in trouble with the law or any one in my entire life. I never was known or suspected to be abusive to my son nor any child for that matter. As a result of a scorned lover and a spanking, my life is ruined.
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Financial Samurai Reply:
October 10th, 2009 at 7:44 pm |
@Nicolette, not to be ignorant here, but I’m just wondering if you are being serious or facetious? It’s kinda hard not to blame the father not to break up with you if you get pregnant by someone else no?
Financial Samurai´s last blog ..We’re Ignorant Idiots! Please Tell Us Why A Flat Tax Is Not Fair.
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Meeeyoww Reply:
October 14th, 2009 at 10:03 am |
@Financial Samurai,
Man she was already estranged from the father when she was pregnant by someone else…
are u dyslexic? Haha! At least read it twice if you are going to call someone out is all I am saying…
@ Nicolette,
My parents spanked me and that was okay in that I don’t think it messed me up long term. However, they never hit me enough to leave “3 welts” which leads me to believe you were breaking your hand on this kids ass? or whipping him? ouch
Are you even allowed to see the children??
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Financial Samurai Reply:
October 14th, 2009 at 9:16 pm |
@Meeeyoww, yep i’m dyslexic! But, I don’t think that’s the proper use of the word!
Financial Samurai´s last blog ..The Worst Seat On An Airplane Is The Best Seat In The Office
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Deborah Reply:
August 2nd, 2010 at 9:20 am |
@Financial Samurai, With a flat tax, the rich pull in most of the nation’s income from exploiting the nation’s resources and capitalizing from labor of the poorer classes. At the very least they can do is attempt to level out the playing field, as many of the rich were born with more opportunities that many poor families!
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Katie Reply:
January 27th, 2010 at 9:01 pm |
@Nicolette, Are you kidding me??? You spanked your son and left WELPS! I’m glad you got 3 misdemeanors. You are a LOSER! Your child should be taken away from you and you should go to anger management classes. My parents spanked me growing but they NEVER left me with welps. People like you should never have children. You are disgusting! You make me SICK. You really need to join a church and find Jesus.
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Kelly Reply:
March 3rd, 2010 at 12:57 am |
Say Katie,
Didn’t your pastor ever tell you a story about casting the first stone? I got a misdemeanor charge of child abuse and assault for using mace on a sixteen year old who was basically assaulting me. There were no other witnesses and this person was unknown to me. It turned out later that the 16yr old was a person at risk because they where a runaway and basically living on the streets using God knows what kind of drugs. I was initially charged with a Felony until this “Kids” outstanding warrants in other states started to come to light. Still, They where 16yrs and I was over 21 years of age – so full out prosecution was mandatory. Like an idiot I took the plea agreement with the “verbal” understanding from the public defender that the case could be sealed latter. This turned out to be a mistake on the part of my public defender.
Well, long story short, now at job interviews, I’m an awful person. I guess you should always ask for ID before you defend yourself. PS This took place in the very “PC” city of Denver – near Colfax ave – if anyone’s interested or knows the area. Anyways, with some charges people really shouldn’t jump to conclusions. Have you actually seen any pictures of these “welts?” Know now how stupid some people in the justice system can be they might have been zits for all we know.
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Deborah Reply:
August 2nd, 2010 at 9:16 am |
@Katie, I cannot believe you would judge someone so harshly?! Whatever happened to the compassion and forgiveness of Christ? Who are you to say that this woman should have never been given children? That is God’s decision, not yours! Your parents spanked you and might have just as easily left a welt or two by accident. You have no right to speak to this woman with a “holier-than-thou” attitude. You are not in her situation.
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October 4th, 2009 at 1:18 am |
back in april 09 i was convicted of petty theft & concealment and right now i am completely depressed dont know which way to go. I need a job badly and I am at this point where i give up. I was hanging w/ the wrong crowd and i ended up in a bad situation. my first and only time. so what are my options…i need help!
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amazin Reply:
June 28th, 2010 at 9:42 am |
@keiara b, – i understand your story… i myself have had a misdeamor of petty theft in june 09. Its now june of ‘10. I am not qualified to work anywhere. I have felt the need to give up as well. I am in college and have a hard time paying my bills with only a work study job. I need a job just as badly as you.
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October 10th, 2009 at 7:47 pm |
Do you know if there is a certain time period where one is allowed to automatically expunge their misdemeanor? Does it depend by state? I heard it was 7 years, but I’m not sure. I’m asking for a friend who is applying for a job, and did something wrong 10 years ago.
Financial Samurai´s last blog ..We’re Ignorant Idiots! Please Tell Us Why A Flat Tax Is Not Fair.
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October 25th, 2009 at 2:07 am |
I recieved a misdemeanor of aggrivated assult when I was 18. Im 25 now and I have not landed a job because of it. Whats messed up with the whole situation is that I was defending my younger sister from a girl who started a fight with her. I was even pregnant at the time. Well i tried to get it expunged from my record but because i pleaded guilty, they said i could not get it removed. Ive even graduated from a college in the medical field yet nobody will hire me at the hospital because of that charge. I mean its 7 years old and that was my 1st and only offense. What can i do!! Im a college graduate and i cant even get a job working at Mc Donalds cleaning their floors because of my record. If it wasnt for my husband, i dont know what i would do. I have 3 children and he supports us all. All i want is to help him support our family and i cant even do that!! Help im soooooooo depresed im at the point where i dont know what else to do.
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kim Reply:
December 15th, 2009 at 3:14 pm |
@Cynthia, I understand totally I have a misdemeanor conviction assult as well and I had to write to the governer to see if it could be pardon. I get depressed alot and sometimes feel like giving up on looking for a job, but I don’t I’m married with two children as well. I wish you the best you are not alone in this.
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Unknown Reply:
February 2nd, 2010 at 11:19 pm |
@kim, Yep me to I have the worser class of the midermeanors for assault Im in school now and its been a year but I have totally ruined my life when it comes down to actually becoming a nurse sometimes Im like i just want to give my son for adoption and kill myself so I can have a new life because texas will never let me live this down but I say screw that I have to stay around to make sure my son doesnt make the same mistake i did.Im telling you when someone creates a time machine i ll be the first one in it.But as far as employment i looked and looked had successful interviews got the job then they did a background check and everything goes down the drain so i stopped looking for a job now im in school and I have resulted to escorting its not a good thing but I gotta take care of my son.
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October 28th, 2009 at 6:11 am |
My situation is also sad. I received a misdemeanor DV charge in 2008 as my first ever charge. Prior to that I was about to graduate college and applying to law school. My ex and I were a contentious relationship and months later she called the police on me because she was simply just mad. I received another charge but eventually had it dismissed by an attorney. Then less than a month afterward, I got into a shoving match with her over a computer and I elbowed her while grappling for it. I was charged with another DV and the old one was brought back. Then like an idiot, I replied to a letter that she sent me while incarcerated and was charged with witness tampering. I managed to plea out and take 3 misdemeanors and not do jailtime, but now I’m having issues with applying for jobs (I wanted to work with youth groups before law school) and a deep fear that my good grades will not get me into law school because of the charges.
Advice?
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ionance Reply:
December 8th, 2009 at 10:09 pm |
Supandaway,
I too have the same issue, exceot mine was 10 years ago. I was fired from my eployer of 4 years because they decided to do background checks. Have you had any luck with this? I have heard that you can not get this removed from your record.
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November 25th, 2009 at 5:48 pm |
It may not only be the fact that employers aren’t hiring because of a misdemeanor. We have to remember that the economy is in ruins and most businesses have a freeze on hiring. Be optimistic and don’t stop trying. Everyone makes mistakes, including myself. Misfortune is sometimes a part of life.
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November 30th, 2009 at 2:38 pm |
It seems like business is still getting hit hard. Is anybody seeing an upswing in their respective niches? Health reform seems like a mess. I generate long term care insurance leads and annuity leads for the insurance industry, but volume has been terrible in the last two months. I am afraid the worst is yet to come, but maybe it is just my attitude.
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December 12th, 2009 at 11:52 pm |
I guess I will be paying lots of money to get these misdemeanors expunged. Why do charges that you did not get convicted for show up on your criminal record? I had 3 charges when I was 17 and 2 when I was 23. I am now 29 and really have high hopes that I may work for the government someday. These are the charges; Wreckless Driving, Leaving the Scene of an Accident, Open Container, Second Degree Trespassing, Revoked License (for not paying a speeding ticket) and Communicating Threats. Even though I wasn’t convicted for all of these they still show up on my Criminal record. I am about to finish college and worried about my future. I currently work in the career I am pursuing, but will never make the salary that I went to school for in my current place of employment. I called to see how much it would cost for expungement and it was $600 a charge. I need some advice. I hope this doesn’t ruin me. I thought about letters of recommendation from co-workers, family, or supervisors. Maybe this may help when interviewing with a new employer.
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claudia Reply:
December 31st, 2009 at 6:50 pm |
@Lindsay, Where did you find the info. that it costs $600 to expunged a record? What state are you from?
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December 19th, 2009 at 11:18 pm |
I have one domestic violence incident on my record which was 4th degree assualt. It seems like ever since I got in trouble and took the correct steps to a better life, it is really killing my chances for decent employment. It has not killed my job search, but I really do believe it is an issue. I can’t have it expunged, that costs money I don’t have! Then again the economy sucks, so I am not the only one with that problem of finding work. I am always honest about my incident in job applications, but I havew had many say I am a possibile liability. Tired of the discrimination, and making next to nothing. Even fast food joints are are like that. Hiring people that hardly speak english to me I would think would be a liability in it’s self, yet those people get the jobs. I know that is different. But tired of not being given a chance, I left the NAVY on an Honorable discharge, that says something compared to most. I didn’t have the option of staying in due to not being able to make rank. I will keep trying.
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December 20th, 2009 at 6:00 pm |
i have a serious misdemeanor for possessing less than a gram of pot in iowa. can never get it expunged….i am also depressed….
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January 4th, 2010 at 3:43 pm |
I had a couple of DUI’s approx 25-30 years ago. I also had an assault charge that was dropped during this timeframe. I never went to court or anything regarding the (DROPPED) assault charge, so I am at a loss with what this does and would mean to a prosective employer. I am very educated, and all of these occurences happened in my college years, as I said, many years ago. My concern is, that at 55 years of age, along with 20 years of bulletproof employment with a good record, what are mt odds of gaining the employment potential in which I worked so hard to acheive. ANY HELP would be so greatly appreciated !
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Kelly Reply:
March 3rd, 2010 at 1:26 am |
@hrbass,
It really depends on what state you live in.
California – if it’s a misdemeanor and you completed all of your classes – or whatnot, it won’t show up. The employers there are required to go through a third party background checking company – I think most lower case felonies have a 7 year limit in that state for most positions – except for working at positions such as schools, daycare centers and nursing homes – etc. This requires a special background check that will go through both state and federal channels.
Massachusetts – any misdemeanor over 5 years old won’t show up unless you are applying for a job at a school, daycare center or retirement home. This requires a special background check that will go through both state and federal channels.
Hawaii – Is a strange case. They can go all the way back through all of your records – BUT, only if they have made you a formal job offer prior to the background check. If the offer is latter rescinded they must be willing to explain the the state employment office as to how your previous charges present a clear danger or other impediment to the performance of said position. This is the same office that might have to dole out unemployment payments to you in the future.
the other 47 states – it just depends, but they are a bit harsher with their laws. You should look up you own state statues.
Best of luck!
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diana Reply:
June 11th, 2010 at 1:48 am |
@Kelly, what about Michigan? Does anybody know? Can all employers see your records? Does it go away in 5 years as well?
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January 6th, 2010 at 2:17 pm |
I have some bounced checks on my record. I was young and had gotten my first checking account, i wasnt really sure of the side effects of writing small amount checks.( 20 dollars up to fifty) I figured the bank would hold them until i paid them….. so i wrote seventeen of them. Wow was i in for a rude awakining. Ive paid almost 1500 dollars in fines and i cant get a good job, i cant even get a halfway decent job, im stuck with waitressing and i cant get it expunged for three more years according to my state. Also its going to cost 100 dollars a check to have them expunged so ive definately learned my lesson!!
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January 7th, 2010 at 4:46 pm |
I received an Operating While Impaired 4 years ago as a sophomore in college. Horrible mistake and I just got offered a decent job right out of college but in the offer letter it talks about the background check. She never asked me about it before but I am so nervous because I really want the job. I was hired at a temp agency for a few months and they knew about my misdemeanor and even did a background check on me and it came back clear. I just really want this job and hope that this organization will still take me after I tell them up front instead of letting them find out. If I don;t get it I feel like I will never be able to get a job.
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January 7th, 2010 at 10:46 pm |
I feel like i am at the end of my rope. I have never been in trouble except for a couple of speeding tickets. However I have been charged with a Class A misdemeanor for family violence and had to served 25 days work release…weekend jail. Basically it involves my wife who has suffered from BiPolar for years and recently was instituted twice. During one of her episodes, she broke down and attacked me and in the course of my defense left restraint bruises on her arms. I was charged and she walked. Although she pleaded with the DA to drop the charges of this isolated incident, they refused. I am a professional of 25 years and respected in my field, however my job was recently eliminated due to the economy, unrelated to the incident. Having never had to worry about background checks in my career, i am petrified of losing a career i worked so hard to obtain. My wife is finally stable with the much needed meds and a completely different person, in fact we are expecting an “oops” baby in May. I’m banking on my network of colleagues to help land me a position, but i fear this charge will haunt me. By the way, the not so great state of Texas doesn’t expunge FV charges…ever!! Unemployment runs out soon, credit is ruined and im broke. Unable to provide for my family, i feel like im more of a burden and sometimes contemplate the worst…if you get my drift.
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joe Reply:
February 10th, 2010 at 2:05 pm |
@Drew, I sympathize with you. God forgives, the authorities do not. I’m stuck in a similiar situation. My Bi- polar girlfriend went nuts and endangered my life so I restrained her(nothing serious). She lied and got off scot free, and I have been condemned to a life of poverty and discrimination. These judges are killers and I think they will be held accountable for murder by God. I’ve finally accepted that life is no longer worth living, but i do feel there is hope for you. Good luck.
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January 20th, 2010 at 1:25 am |
Well i have 2 Convections of misdemeanor oh for teft of a papa johns pizza sign and aggervated menising which is has cause my hole life to collapse around me i have not been able to get a job for 3 years now and the jobs that i have had have been 5 and dime jobs i went to paul mitchell but never got to finish becuase i transferred to another paul mitchell location and the woman never put my fasa through so i have been left with the pieces of my life and i really dont know what to do im 22 years old now and every where i apply they tell me im either to much of a risk to steal money or i might get violent with the custmoers which is far from the truth im a great person loved paul mitchell and the whole thing with that i just dont know what do now i not elligable for expungement becuase i have 2 offences which is terriable? so now i am seeking assisting through the BVR Bureur of vocaltional reablitation, pathways program, and Coleman Employment Services. Hopefully i will see some good come of this becuase i feel like my life is a complete waste up to this point.
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February 1st, 2010 at 7:27 am |
Ya know I really don’t like reading about these misdemeanor things. A Misdemeanor really isn’t a big deal I suppose it depends on what the charge was. Bill gates, George W. Bush both have Misdemeanors and they made it to the top. You can be in the FBI, a Police Officer, and depending on the crime even teach elementary school. The best thing you can do is not to worry about it but to just not do it again learn from it. If you get a Dui well maybe it’s time to stop drinking, it doesn’t mean your life is over. Everyone makes mistakes, misdemeanors are extremely common. Employers are human, I bet even many of them don’t have perfect records.
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Shond Reply:
April 3rd, 2010 at 9:11 am |
@Jeff,
You must not have any misdemeanors. The fact is, once you have a misdemeanor, you have a really hard time finding a job anywhere. If you don’t have the money that George Bush or Bill Gates have, you are at a loss because, if you don’t work, you don’t eat. The best thing to is to offer some positive advise (if you have any) and wish other bloggers the best. If someone is expressing their unfortunate issues here online, they must really need encouragement not someone here minimizing there problems
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Tgirl Reply:
June 14th, 2010 at 11:53 am |
@Shond, I agree with you, the people Jeff mentioned were already established in their careers(or had a rich mom n daddy) Unless you have experienced the aftermath of a DUI(cause as I’m finding out, you really do pay for the rest of your life!) you really can’t say it isn’t a big deal.
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jen Reply:
June 18th, 2010 at 1:50 am |
@Tgirl, CAN EVERYONE ON HERE PLEEEEASE, for the love of God, TELL US WHAT STATE IN WHICH YOU RESIDE!!!! It’ll help out everyone reading this out a lot more!
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Jeff Reply:
August 3rd, 2010 at 5:22 am |
You have got to be kidding. That response from you was irrelevant. In fact bill gates was convicted of a misdemeanor when he was 18 or 19 before Microsoft ever was created. Yes George bush was rich but he got a dui in his early years. My point is he was still elected president even though everybody knows about it. most of the nation overlooked it. Mcdonalds, wal-mart, wells fargo, many gas stations, and many other companies only look at felonies or crimes related to dishonesty or theft. I would recommend to anyone not to research this on the internet but to use real life experiences and talk to people in person that have a record and lawyers. The internet is just full of a bunch of shady people that really aren’t a ligament source of information. I know nurses, school teachers with misdemeanor. I know people that have 7 misdemeanors and still get jobs all the time. The internet is just going to get you upset. Talk to a lawyer. Trust me on this one!
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Ashley Reply:
August 12th, 2010 at 10:52 am |
@Jeff, I was wondering if you could e-mail me on some advice. I have a recored a petty theft i was young and stupied. I am in the National guard but still have a hard time finding a job in the civilan job area. I was looking to see if maybe i could remove it off my recored but i dont really know how i can go about doing that so if you could help it would be great. My Email is ashley.wibben@us.army.mil
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February 2nd, 2010 at 8:50 pm |
Seems to me.. when the cops pull you over and ask have u been drinking and your honest they mise well just shoot you and be done with it… They got it these days first offense is just as bad as the second third forth or whatever! when it comes to getting a job. I have had no luck what so ever and Im a dang good worker always have been and always to work on time. People know me as a worker! I guess thats the price you pay.. I just hate how u got all these police man and people that run the court systems act like they Sh** roses and never ever made a mistake. Its all politics and money if you got that you are good to go. Or if your a nfl player and shoot your self in a club just go to jail and when u get out start playing football again making millions… Maybe Im looking at this all in the wrong way but geeez talk about depressing…. Maybe there is hope.. Has anyone had any luck or even heard stories about anyone having luck?
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Lance Reply:
February 26th, 2010 at 3:32 pm |
@John, I definatly agree with you that it is just a money game. In the early 80’s DUI’s were given an arrest and a small fine, but now with every conviction the law knows there is alot of money to be made. Anyways, do not lose hope. I have a DWI and I have found a good job and make a fair salary. I have not graduated from college yet and I am making mid-$20’s a year. Not a ton of money but its enough to survive on and have decent things. To everyone on this web site; do not lose hope. Work to live not live to work. You may not find an easy job that pays a ton of money but there are jobs out there. If it makes anywone feel better, one of my co-workers has 4 felonies and makes 20 an hour. Not a ton of money but enough to survive on. Word to the wise for us with records, keep your living cost low and in check. New cars, brand new clothes, going to bars, eating-out, credit cards, cable, etc. all of these things are indulgences and should be avoided. Nice, not new, thats my motto. Good luck to all, and we are just as good as any other person out their. Judge not lest you be judged.
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February 2nd, 2010 at 10:30 pm |
I was convicted of a misdemeanor I. 08 for mishandling a firearm. 22 cal. Sentenced to a yr probation finished in 6 months. Been unemployed for two years. Seems like where I live ppl jump at the chance to hire an illegal. B ut won’t even give a guy who wants to start over a chance to start over.
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John Reply:
February 2nd, 2010 at 10:54 pm |
@Dale, Yeah I know man.. Hire all these damn immigrants and cant even keep an american working… This place is going to the birds. Ya I messed up and I do know what i did was wrong but dang Im 23 yrs old dont hold it against me forver.. This is my prime in life to get going good in what i want to do.. Been better off shot hung or something I guess.
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February 2nd, 2010 at 10:37 pm |
Besides that I just found out.. I was goin on a fishing trip into Canada with family in april and hell I cant even cross the border with a DUI on my record…. Anyone ever heard of that? Guys this is nuts I wouldnt wish this on my worst enemy.. A beer can ruin soo many things
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February 21st, 2010 at 8:32 am |
Sorry to hear all these horrible stories guys. It really isn’t fair to hold one incident against someone for so long. You learned your lesson, and you want to move on; and you should have the right to do so.
Out of curiosity, I’m guessing none of you would be having trouble with employment if these were juvenile convictions, correct? How is a single offense on a juvenile record treated in the USA (by employers)?
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March 1st, 2010 at 8:43 pm |
“Sorry to hear all these horrible stories guys. It really isn’t fair to hold one incident against someone for so long. You learned your lesson, and you want to move on; and you should have the right to do so.”
You know, I guess I just don’t understand all these candy “butt” responses! Our constitutional rights are being violated and all anyone can say is-”that’s too bad.” HUH!? I have 3 misd. I did my crime, my time, and now it’s OVER!! We’re constantly told “don’t live in the past” and “get over it” but paranoid america can’t seem to practice what they preach! The person- if I can call her that, that had me arrested was a vile and dispicable human being. She had an extensive juvinile record, sued people for a living, and was an alcoholic pothead. I was a naive country kid- without a record or vile habits. I made the mistake of falling in love w/ the using slime bag. I am angry- you bet your ***!
I’m angry at a system that puts all the $ into prosecution and not into defense; I’m angry at a system that buys into vindictive motives of unstable people…that just happen to know how to dial 911; I’m angry at a country that tells you that you have constitutional rights and you find out that that is B.S; I’m angry that america has become paranoid and has lost the ability to dicern a misdemeanor from a felonly. Before my 1st. arrest I was arresting shoplifters for a living- I was training to be a police officer. I was shelved at 22 yrs. old. I didn’t kill anyone, I didn’t molest anyone’s children, I didn’t run over someone while intoxicated, I didn’t do alot of things! Like I didn’t hire a lawyer…because I once believed in the system! I don’t anymore!
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March 17th, 2010 at 12:12 pm |
What I am finding is something that puts a lot of people in a catch 22 position. I made a mistake years ago. I admitted it. It was a misdemeanor. It was not a violent offense and it was not a felony.
Today, I am being told that I can not get a job because of that misdemeanor. HOWEVER, if I had been in prison for a felony, I can be hired because of the work tax credit law!!!
Drug dealers and murderers and people who con millions out of others can get hired but someone who writes bad checks can’t? Yes, it shows up on my background check. Yes, I tell about it upfront. Yes, I can pass a lie detector test AND a drug test. Yes, I pick up a ten dollar bill off the floor of a restaurant and turn it in immediately. But I was not in prison for child molestation, murder, embezzlement or selling drugs to minors so I am kicked to the curb.
BTW, that mistake I made? It was to feed my kids while one had cancer because I did not qualify for food stamps because my car was considered an asset but I needed it to get my child back and forth to the oncologist.
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April 7th, 2010 at 11:09 am |
I have a misdemeanor for posession of stolen property ,i was a passenger of a stolen car,3 years ago …i honestly didnt know it was stolen …and now i got a job as managment . is this gonna screw my chances ? they wanna do a background check after ive been hired …
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April 12th, 2010 at 12:41 am |
MY life has been ruined by a petty theft missdemeanor. I was just the dumbass in the car waiting while my so called friend went insidde the grocery store and stole some meat n other stuff. I have only one semester left to get a BA in Accounting. I have a 4 yr old little girl to feed n had to do this, now i just threw my whole degree away which took me 6 yrs to get to where i was at. I dont know what to do with my life anymore. PEOPLE PLEASE DONT COMMIT DUMB CRIMES THEY COULD MESS UP YOUR LIFE FOREVER!nicksvc@yahoo.com
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April 12th, 2010 at 5:48 pm |
A gun I bought legally later became banned. No notices were sent to the registered owners.
The local police came to my house and I was charged with a misdemeanor for possession of an assault weapon. I have been turned down for jobs and shown the door several times due to this one and only misdemeanor on my record.
I wasn’t doing anything, stealing or using drugs, but perspective employers see this and think I’m some kind of thug. It’s extremely depressing.
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April 18th, 2010 at 5:03 pm |
“Today, I am being told that I can not get a job because of that misdemeanor. HOWEVER, if I had been in prison for a felony, I can be hired because of the work tax credit law!!!”
I feel the same way, I have a DWAI and I feel like there is more encouragement to just hit rock bottom and go rob a bank so I can get hired under that law.
I got my DWAI celebrating my graduation with a Mechanical Engineering degree. My first Engineering job interview just last week had to be canceled because I admitted to the DWAI. I think its complete BS that a DWAI should ruin my chances with a job that has no relevance to it. (It was a drafting job not a driving job.)
I have had a friend who’s had a DUI and had 3 jobs in the last 2 years while I haven’t had one! He tells me that he just doesn’t admit to the DUI and hes yet to be fired from any job, he actually has the luxury of quitting them!
Just seems like more encouragement to lie and not be honest about things. I don’t think all the years of work I put into a degree should be trumped by a one night mistake where I didn’t hurt anyone, I didn’t steal anything, and there are already the consequences from the legal system that I paid for. The main thing is my situation that really angers me was the fact that it was a sober idiot who blew through a stop light and totaled my car that got me the DWAI.
I’m hoping its just because of the economy and trying to keep spirits high but it just feels like a losing battle.
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April 22nd, 2010 at 8:58 am |
I have a recless driving becouse I had been found sleeping in my car, when, the police took the alcohol test it was positive, I would like clean the record becouse I would like to find a better jog. At this moment I’m studying in college. the incident happened 7 years ago.I’m not an alcoholic only circustances happened.
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April 23rd, 2010 at 5:24 am |
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April 27th, 2010 at 4:03 pm |
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May 3rd, 2010 at 3:58 pm |
3 yrs ago I pled guilty to 1 count of False Swearing. This charge is not common but I was given a choice between this or Obstructing an officer. Long story short my wife and I had fights over money,(she would spend money without me knowing about it) I decided to withdraw money from our joint account without her knowledge. When confronted about withdrawals I lied and claimed it was fraud. We went to bank and I signed 11 fraud affv. The next day I tried to stop the process but it was too late bank already submitted to police, i apologized and pleaded with the police to not turn me in. The cop told me he had no choice. I didn’t spend any jail time but my career has been destryed becuz of my stupidity. I have an MBA and I work a job that I’m over qualified for. I’ve had recruiters stand me up once I explain my misdemeanor, I’m told I’m a liability. I’ll be 35 yrs old in 2010 and I feel that I will never reach my career goals due to my mistake. I’ve suffered through depression, but received counseling to overcome it. I did land a job in 2009 making decent $$ my new boss asked me one question “what happened” I explained it and he said “Ok”. For everyone who has a misdemeanor keep your HEAD UP jobs are out there, you just gotta keep beating the pavement.
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May 6th, 2010 at 11:01 pm |
I was recently convicted of a misdemenor for embezzlement. I was actually charged with a felony, but went to court and spend some money for a good defence lawyer. She was able to drop it to a misdemenor, but now I know what its like to have a record. Before this, I was clean didn’t even have a speeding ticket. I agree with all the above individuals, once you have a record you are really screwed. I have been turned down twice from jobs due to this. I’m 21, and still in school living with my parents, but it sucks bc you get depressed. You see no light in the end of the tunnel, its just dark. Anyway, I do want it explunged, but as I am very new to the system, if any of you have info about explungment, pls let me know. And yes being honest and telling the truth to potential employers hurt, but if you don’t and they find out they terminate you. I don’t know anymore what’s right and what’s wrong….
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June 5th, 2010 at 1:52 pm |
HI, Very interesting post just what i was looking for thank yoU!
now.. i had a interview here in las vegas, i got hired yay!
but whats killing me is that they havent called me, and i called the manager and he said my background check was the only one missing.. so there for i am scared. when i was 18 i went to jail county ) for drugs i pay my fine and went to reba graduated loL! and its a misdemeanor.. so now what should i do? you think the are going to deny my application even though i already got hired!? i am scared please some one help me out with my question!
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June 9th, 2010 at 12:01 am |
I have an open case of theft for under $30 at an old employer, I’m in the state of wisconsin and It has been very hard for me to get a job with an open case I could just imagine what’s gonna happen when I’m convicted. The Da took my deal for a $250 and expungement after 6 months off the table, now my lawyer is trying to give me few days of jail time with expungement after 6 months seems like a trick to me I didn’t know that you can get you record expunged that fast. I think the public defender and the DA are just trying to get me to plead guilty. What do u guys think?
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Jessica Reply:
June 10th, 2010 at 1:30 pm |
@Lb,
I replied to your question. I thought I hit the reply button under your comment but I guess I didn’t. I don’t want to write it twice so if you could check out the other post from me (right below yours). It should answer your question. Sorry for the inconvenience!
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June 10th, 2010 at 1:13 pm |
Most states do have programs like that (sometimes called deferred prosecution, or ARD) for first time offenders of misdemeanors. This is how it works. Normally when a person goes to court (if they plea/or are found guilty) they are convicted and sentenced. In the case of these programs you go to court and agree to the terms (jail, probation, etc) but you are NOT convicted. At the end of your sentence (which in your case you said would be 6 months) you go back to court and if you have completed all the requirements that were agreed upon and you haven’t got in any more trouble at all you still will not be convicted and everything is done. But if you do get in trouble or don’t comply with the terms of the agreement before your sentence (your 6 months) is up you will immediattly be take back to court and convicted and a new sentence will be imposed. If you do successfully complete this deal you will have never been convicted of this crime, so a background check will not reveal a conviction but it will still reveal that you were arrested. Your arrest record is what you would need to get expunged, which will be no problem since you wouldn’t have been convicted. I just looked up wisconsin and they do have deferred prosecution for first time misdemeanor offenders. I would read more about it. Google “deferred prosecution wisconsin” so you know about it for court. Good luck and if you do get that deal DON’T screw it up, it would be your chance to make this go away.
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Dan Reply:
June 18th, 2010 at 4:04 am |
If it’s not theft,dv or prostitution, maybe dwi or drugs,you have a shot at general at a job. The key is also putting time between the conviction and not getting other convictions. Most decent jobs are gonna find misdemeanor,so lying can be even worse,a lower paying job might not have them come up. If you can lie and get away with it,hey we gotta eat man. If you have a skill and a job that in demand if its not a felony you have a chance,it would be hardier.
I think a good lesson is this stress how important not shooting yourself in the foot by being tricked by a cop or giving away your rights like the keeping quiet and refusing a search. It’s worth fighting stuff even your guitly because most misdemeanors especially your 1st time won’t land you in prison. You think hey just a small fine but the longer consequence need to be kept in mind. If you don’t have money for a lawyer borrowing,ccs,going in debt has to be considered. If you need to relay on a pd,be polite but aggressive in a nice way. Don’t just take some bs plea deal.
A lot times it’s just being unlucky. Also the law not always moral,it’s whats written down on the books. I think smoking weed is ok but it caused me some hassle. I also was foolish again but over charged. It’s hilarious how in one state a crime is a misdemeanor and in the other a felony. I was drunk,not gonna but buzzed,i knocked on a window to hard and it broke,got charged with criminal mischief. I had 2 legal aides,the 1st once was very nice and the 2nd one a bitch. It was a pain going to court and waiting for 2-4 hrs,going 7 times or so. I told the guy I broke the window and offered to pay,man I should of just ran. Man I hired a private lawyer for 5,000 dollars,and when I went to court it was in and out. He lowered to felony down to a violation,where the pd said that wasn’t likely and got be to not pay for the window or any court fees. I could just plead guilty paid a fine and be done,some of my friends called me an idiot. That lawyer saved my ass,I wish I would pushed hardier or asked the if a dismissal was an option.
They really should removed your records and make it an issue no find out b.c with computers and the internet even expunged or seal record come up. If you have a non volient or sexual crime after 3,5,10 years an employer should not be able to see if you stay out of trouble. In other countries this is the case. It’s hardier but if your misdemeanor isn’t theft,getting a hooker,dv and maybe drugs or dwi you have a chance at getting a job. Most good jobs do a background check and convictions,maybe arrest show up,so it’s better to be honest. For a lower paying job or if you can get away with man you gotta eat,so why no lie. My friends has about 4 felonies,one for burglary and gang assault. He stole a laptop from someone house and the other one wasn’t as bad as it sound,he true trying to be becoming a better person. He stopped drugs,stealing and has matured,he applied at mostly retail and lower level stuff,sometimes his convictions showed up. He got 2-3 jobs and just said he never got in trouble,he only makes about 9hr but he working ft. If he was honest he wouldn’t have a job. A lot of his felonies could of been misdemeanors. His friend got off on one of those charges b.c he had a great lawyer.
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July 15th, 2010 at 10:50 pm |
My husband got a misdemeanor assault charge for hitting a guy when he was 19. And then a DUI when he was 22. He served in the Army, went to Iraq. Now is out of the Army and can not get a decent job bc of his record. It’s CRAP!!
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July 18th, 2010 at 1:31 pm |
once you pay ur fines go to court it should not be on record for employers it’s ok 4 the cops to see but why do employers have 2 it’s not fair
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July 27th, 2010 at 1:52 pm |
My husband was charged with a misdemeanor DV in 2009 (against me). It is his only mark on an otherwise perfect 43 year history. While I am certainly making no excuses for his behavior whatsoever, it was a very minor incident compared to most, and the only reason I called the police was becasue I needed him to leave becasue his yelling was scaring our children. He fully cooperated with police, pled guilty, has attended all his classes and done his community service and paid his fines. However, he lost his 70K+ a year job becasue of it, and now cannot find a job at all (not even at McDonald’s!) mainly becasue of his conviction, and also combined with the economic downturn. I find this frustrating becasue he has done everything he was supposed to, made amends with me, and has become a much better husband and person becasue of it. But becasue no one will hire him (they all say he has a stellar resume and they wish they could hire him, but their HR rules prevent it) – my children and I are facing losing our home and my savings account is drained. Don’t these employers realize that they are further victimizing the VICTIM in this as well by not giving the perpetrator a JOB? I am so frustrated because my husband has done everything RIGHT since then, and no one will hire him. I feel more victimized by this than I did by my husband in many ways.
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July 29th, 2010 at 3:32 am |
I have a misdemeanor conviction for criminal trespassing and I just finished college. I have an immense amount of debt to pay back and nobody wants to hire someone with a recent criminal record. I cannot expunge this in the state I live in. I don’t know how else to stress the fact that I fully understand what I did was wrong. I did a stupid thing and I am okay with the charges. However I cannot seem to pass the interview stage with any prospective employers. It really is making me depressed to the point that I cannot sleep without worrying about my future. I have spent countless nights just looking for a job and stepping into a career just seems out of grasp and almost impossible. I feel like a complete failure. I only have my optimism to keep me going but in the court of law, I am deemed a complete loss. (what a way to kill my positive thinking)
It is sad to read all of these entries and see that there are many people who sound better off than I and yet, they have quite the number of troubles looming over them. I can only imagine the troubles that I will soon come to face, and it is only making me more depressed knowing that I may go jobless for a year or more. I can only understand so much because most of the entries are from people who have done their duties to society and have yet to be released from this misdemeanor misery. If anyone else reads this and has the same troubles, you can go to Hard2Hire.com It helps people with criminal convictions find a job. I haven’t had much success with it but it’s there if anyone needs it. I wish the previous posters would update because it scares the hell out of me to see that none to a few leave any positive updates. I will however keep trying because I am an optimistic person. Can’t earn anything without working hard!
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July 30th, 2010 at 5:41 pm |
I have a 2nd Degree Assault Charge and a Telephone misuse charge from a BF/GF fight that most people experience in there life at some point and time. I spent 6mths in jail on a 3yr sentence and was given 5yrs Probation. Last week I asked for a modification of sentence for probation and was granted it. I am no longer on probation and I cant even get a job as a Truck Driver with my misdemeanor. 2nd degree assault is defined many ways. Could be a Threat which mine was or it could be a physical altercation which mine wasnt. Still it is classified as a Violent crime. I find this very unfair for the reason I never did anything physically violent to anyone. This happened in 08 and everyone tells me before I can be hired my misdemeanor has to be 5yrs old. Thats bs. I have applied to 120 jobs and that is no exageration, that is fact and all turned down! I have never been in trouble in my life before this incident!
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August 1st, 2010 at 7:11 pm |
I have like 10 misdemeamor charges from the past 12 years, the last on being 3 years old. I was addicted to drugs for a long time and would go crazy on them then get caught. I havent even started looking for a job yet because I haven’t yet finished college which I will be doing next spring.. From a top American University I might add, but I am really worried about my prospects, since i am a language major, I will probably end up teaching in China or something or rather.
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August 5th, 2010 at 4:02 pm |
I have just recently got a dui (got hit by a truck after a party) and real talk its killing me…emotionally, fisically, and spiritually. I’m still in the community service part of it. So I still have a ways to go. Messed up thing is I made the mistake of signing up for a trade school for automotive before the economic downturn, signed loans, then the new depression happened. No demand for auto techs at the moment, plus since I got that dui, I’m not even sure if I can get a job in this field anymore! So with court fees, student loans, traffic tickets, hospital bills, and whatnot, I’m estimating I’m like 30thousand in debt with bad credit at the age of 23. Now i know i made some past bad decisions, and i know it was because of my lack of inexperience and research. Now though, I realize its time to stop living in the past, no matter how hard it may be. What you do about your sh*t from now on is what matters. Set achievable goals. Don’t forget your dreams and don’t let anyone tell u they cant happen…as for my future goals? Well im going to first do my RESEARCH and work on finding a true recession proof career, while also pursuing a a self employed business, while paying down my debt, and keeping my loved ones closer than ever to me…if it wasnt for the seatbelt, and my quick reflexes, my body would have been found crushed under a lightpost and you would have never read this post. Truly it is not my time yet, and i hope that the people out there can leard from my mistakes and understand where im coming from….good luck to all! Please keep your head up and your eyes open! Peace…sorry for rambling!
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August 5th, 2010 at 9:07 pm |
To Kelly…Well I am happy that you got hired…hopefully they the background check wont hurt. Cuz after my conviction I did get hired and in about 2 weeks they terminated me bc, they ran a background check and found out. It was embarassing and sad. Now I take care of little kids, going from house to house. Life is hard especially if you live around DC.
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August 5th, 2010 at 9:15 pm |
To Jessica, Jessica pls help me out here, I read some of ur tips and perhaps you have some answeres for me. I was convicted of misdemeanor in VA for embezzlement back in March. I did hire and lawyer and she dropped it from a felony to a misdemeanor with all my jail time suspended which was like 180 days. I did go to court and paid all the fines as well as the restitution. When everything was over I asked her if it could be explunged she said “NO”. Is that true for embezzelment? Thanks..Joy
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August 8th, 2010 at 1:45 am |
I had a bad check that fell through the cracks that somehow me and my wife missed and i ended up spending the night in jail. this has been about 3-4 years ago and now that i got layed off i am worried about if it will keep me from getting a job.
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August 11th, 2010 at 5:19 pm |
You see I’m in Florida, where companies are plain dumb or just don’t care, and here the history is as follow…
Back in 2008 I endend up getting a misdemeanor charge for petit thief, because a small bottle of advil for $ 4.49, was left at the bottom of the shopping cart when I was doing groceries purchases with my wife and the security guy was a dick (pardon my french) and even after I offer to go back to the store and pay for it, he still called the police…
That thing is been haunting me since then, I cannot get any good jobs, even the crappy ones here don’t want to hire me for that; can you believe that, I saw people getting hired with drug issues (selling and consuming), a rapist, a battery charged guy, an armed robery guy, and me, that I have a small amount misdemeanor cannot get a job…
I just came from an interview for a call center, and they hired a lady that didn’t finish high school and I didn’t get the job for the record…
Can you believe that ?
Does somebody ahve a good idea, what to do about it ?
(Besides being honest and come straight with the true about it, because you see, here in Florida, that doesn’t work)
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August 16th, 2010 at 7:34 pm |
2 Xintus
Totally understand the situation that you are in. I am surprised that the store decided to prosecute you for such a small amount. Could you get it explunged? I have been working on getting my embezzlement explunged but since mine was around $500 it might take a while. See if you can talk to a local lawyer for explungment. When you when to court did you hire a lawyer?
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August 20th, 2010 at 12:28 pm |
I’m 18. in april of 2010 i was convicted of shoplifting in the state of Delaware. now i’m going to college and looking for a job. If i cant get one im screwed! i need to get this expunged by the time i graduate if i can i dont even know! i am so scared and it was one moment that i wasnt thinking. we were loosing our home in mass and i wasnt thinking. now i may have to pay for this for the rest of my life! any advice?
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August 27th, 2010 at 2:03 am |
Society is very unforgiving. I was convicted of petty theft from rent-a-center at 21. I am now 29 years old and I cannot find any jobs. I have to disagree with a comment made above- Walmart, Target, and places as such have turned me down because of my record. This makes me so sad. At times i wish that they would change the law to where it will not show after so long without being convicted again. I live in Texas. Every job does background checks. I too have been very up front and honest about this conviction but it seems to make matter worse. Im am at the end of my rope and I have no idea who to talk to. I failed to mention that i hired a lawyer for this case who did not show up to court twice. I was warned by the judge that if he did not show the third time i would go to jail. I spoke to him and told him what she said and he promised he would be there. Nevertheless he was late, approximate 10 mins after the judge put me in jail he showed up. He came back to the holding room and told me the only option i had was to enter a plea of no contest for a sentence of 10 days jail time. I was never given an opportunity to community service or probation. I have wrote the president and am now going to try to have it removed by the govenor. I am too young to live this way. It really hurts when your own family constantly tells you youve ruined your life. I dont know what else to do.
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August 30th, 2010 at 9:21 pm |
Here is my issue: I worked at a gas station. I was fired in March for theft. I’m not the one that stole anything, I was the one working, and I was by myself. I enrolled in a deversion program so that the charge will be removed from my record after 6 months. My problem is that since it was a theft charge, nobody will give me a shot at a job in the retail environment. That’s really all I have experience in. How do I get places to give me a shot, esp as I wasn’t the one that stole the merchandise?
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August 31st, 2010 at 10:49 am |
I am in the state of OHIO. I got arrested for causing a disturbance…my husband called the cops on me because I flipped out on him because I found out he was cheating on me. (funny-I go to jail). I ended up with a disorderly conduct misdemeanor with an opportunity to expunge after 1 year. Well, it’s been over a year, I forgot to expunge it, and I am looking for a job and I just ofund out it takes 90 days! So should I wait 90 days before applying? Or apply away? (my dream job at the UN opened up..don’t know if I should even try)
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