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AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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Can you be charged with a misdemeanor and not have to appear

Resolved Question:

Can you be charged with a misdemeanor and not have to appear in court? Receive a ticket and pay it?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
Yes. With many misdemeanors, a defendant's attorney can appear without him there during many stages of the case (such as at the arraignment). However, I think you want to know more about issues related to employment based on some of the other information you submitted. Employers may choose not to hire people based on their criminal records. Expungement eligibility is limited to some alcohol offenses when the defendant is under 21, individuals over age 70 with no criminal history over the last 10 years, and people who have been dead for 3 years. He may wish to pursue clemency a pardon instead. It won't hide his record, but it will show employers that the state has officially forgiven him.
Customer: replied 5 years ago.
The main question is related to employment. He was never told he had been charged with a misdemeanor. He was under the impression it was a summary offense and therefore, put no on the answer to the question have you ever been convicted of a crime (felony or misdemeanor)? Since receiving his background check, LGH has said that he falsified documents and that is now on his record at LGH where he also attends nursing school and had to go through the background check at that time and also when he joined the Army National Guard. How is it that it now shows up as a misdemeanor and it did not say two years ago or so?
Expert:  AttorneyTom replied 5 years ago.
Thank you for your message. I understand. That's very difficult and I'm sorry to hear that your son is going through that. There are a couple of issues here. First, if he wasn't adequately informed as to the consequences of his plea, he may be able to have the conviction set aside. That's a complex matter that he'd want to discuss with his attorney. It's not possible for me to determine, through this forum, why it's reflecting differently on his record. Alternatively, it's possible that it could even be a difference in the background checks that were used (each background check turns up different things). However, his attorney can evaluate the details of that to determine whether there might be an error or whether there was formerly an error. Employers are often skeptical of potential hires who falsify documents. Unfortunately, it sounds like your son did so unintentionally. If he can convince the employer that it was a mistake, he might be able to get the employer to disregard it. That depends on the employer but it might be worth a shot.
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