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Roger
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Category: Criminal Law
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If a background check shows 5th degree theft offense code 714.2(5)

Resolved Question:

If a background check shows 5th degree theft offense code 714.2(5) does that code show that it is shoplifting?....or could it be a bad check?....can they call police dept. to find out?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Roger replied 3 years ago.

The statute considers all charges under this statute as "theft" (http://www.loislaw.com/livepublish8923/doclink.htp?dockey=5051286@IACODE&alias=IACODE&cite=714.2).

 

The bakground check should provide a notation that the offense is theft. However, anyone that reviews the background check can look up the statute fairly easily and find out exactly what the offense was.

Customer: replied 3 years ago.
So a bad check could NOT be considered under that statute??
Expert:  Roger replied 3 years ago.
No. The statute is a theft statute, not a bad check statute. Offenses under this statute involve a person actually taking property away from a residence, building.
Customer: replied 3 years ago.
THANK YOU.....so.....you don't think I could get by with saying that this was for a bad check??......and I am only charged ONE charge from you @ 30.00? right?
Customer: replied 3 years ago.
Also........how long does this stay on my record?....This is from 9-2002??
Expert:  Roger replied 3 years ago.

If they checked into this, it would show that this involved theft of $250 or less, which is a very minor offense. It's not good, but it is the least serious of all of the crimes. I would not suggest that you misrepresent the offense.

 

Yes, you're only charged once for the entire line of questioning - you must click Accept to pay for the answers to your question.

 

Any criminal conviction that is obtained by an adult becomes permanent criminal history. The only thing you can do is try to have your record expunged of this crime. However, the ability to do this under Iowa law is very limited: http://expungement.uslegal.com/expungement-of-criminal-records/iowa-expungement-law/

Customer: replied 3 years ago.
Yes......but MOST likely if I didn't misrepresent the offense........I would probably NOT get hired?!....SUCKS!......Any suggestions?
Expert:  Roger replied 3 years ago.

Well, I don't really think that a bad check charge (which is fraud) looks any better than petty theft, which is your offense.

 

The last thing you want to do is be caught in a lie - that'll guarantee you won't be hired.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26587
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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