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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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Hello, My name isXXXXX applied for an apartment and there

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My name isXXXXX applied for an apartment and there is a hold on the process of my application. I have a PBJ on my record for Theft under 1000 dollars. I dont think the rental office realizes that i was not convicted of a crime. They said i could put the application through but they do not know if it will be approved. I tried explaining to them but i dont think they understand. Should i proceed with the application or should i get the record expunged? Should i be able to get the apartment or not?

Thank you for choosing Just Answer I need a little more information to assist you.


-Could you explain your situation a little more?


What was the underlying offense ?

Customer: replied 4 years ago.

The offense was theft under 1000. My friend was stealing from walmart and because another friend and i knew he was stealing (we did not steal ourselves, we would walk away when he was doing his stuff) we got pulled with him. At the courthouse the judge and attorney advised my and my friend to plead guilty and the judge said he would give us a PBJ with 1 year of unsupervised probabtion..My friend who was stealing got the worse end of the stick. The incident was 04/20/2009 when i went to court. So it was been a while since then and i havent been in trouble. Im trying to get an apartment but this pulls up on my record. The judge said that if i had any issues getting a job or housing to let him know and he would allow me to have it taken off my record.( Im guessing he meant expungment before the 3 year time limit). But he said that if people look deep enough they would find the record. I just dont understand why if i want convicted why my rental application is on a stand still

Hi Amy, I am sorry to hear of your dilemma.


It would be best to have this removed from your record. A PBJ is viewed as guilty plea. I am not saying you acted unwisely by accepting the plea and a PBJ, but you need to understand that to a 3rd party you have effectively admitted wrong doing and your sentence was the probation. Your record does not contain explanations or circumstances just dates, charges and outcomes. Expunging the PBJ will also be useful in future job search situations. since it won't show up on a background check which many employers now routinely use.


The type of background check the housing people will do will in most case not turn up the PBJ after expungement. For your current situation the expungment will not help you if the apartment folks already know it exists. The good news is that you have no record subsequent to the PBJ.


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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.


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