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If a person is charged with 40$ theft, charges are pressed

if a person is...
if a person is charged with 40$ theft
JA: In what state did this occur?
Customer: charges are pressed the person agreed to his mistakes texas
JA: Have you talked to a lawyer yet?
Customer: what happens next? no
JA: Anything else you want the lawyer to know before I connect you?
Customer: np
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Answered in 2 minutes by:
11/22/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,393
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. What do you mean that "the person agreed to his mistakes?" Do you mean he pled guilty? What is your question about this incident?

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Customer reply replied 25 days ago
he pled guilty. and this is the first time he ever commited a theft. So what will happen next? and does it show up on background check?

As your friend may already know, a theft offense under $100 is a class C misdemeanor in Texas, punishable only with a civil fine. It's the criminal equivalent of a traffic infraction. So the worst he could be looking at would be a fine and restitution.

There would be a record of his conviction if he pled guilty to this, but that record doesn't go any higher than the local court level. By that I mean, there would be a copy of your conviction filed with the local court, but it would not be entered into the state or federal data base and should not show up on an official state or federal background check.

According to Sec. 12.03(c) of the Texas penal code, a conviction on a class C misdemeanor doesn't impose any kind of criminal or legal liability on the offender.

On the other hand, a copy remains in the courthouse and it is not under seal. That means it's public record and could potentially be found by private background check companies. It won't turn up on his RAP sheet, but someone doing a thorough background check could potentially find it anyway.

Texas will not remove convictions from a criminal record unless they have first been pardoned by the governor, even for a Class C misdemeanor. If your friend was given a deferred adjudication where he pled guilty and was given community supervision and told that it would be dismissed when he finished all of his requirements, he'd be eligible to get the court record sealed. Otherwise he'd need to get the conviction pardoned so that he could expunge it.

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Customer reply replied 25 days ago
how much would be the fine?

The most the fine could be for a Class C misdemeanor would be $500.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,393
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 25 days ago
once the fine is paid, would the file be sealed? If the person applies for jobs, would this detail show up in background check? The person is a student and was working as a student assistant. Could he still apply for other jobs at the university as he has been fired from one?
Customer reply replied 25 days ago
btw, rated you five stars. Thank you for being so awesome.

No. If he just pleads guilty and pays the fine, there's a court record that will not be sealed, even though it won't appear on your friend's rap sheet. He'd need the governor to pardon him to get the matter expunged.

If he gets a diversion disposition -- no plea, community supervision, fines, community service and anti-theft program, he can get the court record expunged. If he gets a deferred adjudication -- plea, community supervision, fines, community service and anti-theft program, he can get an order of non-disclosure which will seal his record.

As for what would happen in a background check, he can deny the conviction because he's legally entitled to do so, and it won't be on his criminal history, BUT if it's public record someone may find it another way.

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Customer reply replied 25 days ago
How do you get the governor to pardon? And can that person apply for jobs in the same institution?
Customer reply replied 25 days ago
could you please tell me about the above query?

How do you get the governor to pardon?

https://www.tdcj.state.tx.us/bpp/forms/FP%20App.pdf

And can that person apply for jobs in the same institution?

He can, but he would probably be wasting his time. I'm sure the institution has it's own employment personnel records. They would be very unlikely to want to hire someone who they know to have been a thief.

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Customer reply replied 25 days ago
but what if he is a student?
Customer reply replied 25 days ago
its a student working part time to make some money!
like 15 hours a week

So what that he's a student?? If he stole from the school and they know that, they don't have to hire him again. He can apply to work there again but if they turn him down, he'll just have to find someplace else to make part-time money.

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Customer reply replied 25 days ago
alright. Thank you.

You're welcome and good luck to your friend.

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Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,393
28,393 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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