Disorderly conduct non traffic retail theft question regarding background check info

[Ktornese]

I was given a non-traffic citation summons Disorderly conduct charge,retail theft nature of charge. I have 2 question,the 1st-when a background check is done on me,what shows up just a Disorderly conduct or both the DC land the full disclosed nature of offense of retail theft info.? The second question, can I ask for ARD, get this expunged if it's going on a background check. I found out I had a DC 34 years ago in New york for a retail theft that i thought the charges were dropped on, apparently not. I did a background check on myself and this never showed up 2 months ago so i don't get it.

[mcsap]

Upon disclosing that you were arrested for DC ( which is the catchall charge when nothing else applies) ANY DECENT background investigator would ask...so what exactly did you do ?

The military has a lesser form of punishment instead of sending someone to a Courts Martial. It is called an Article 15. Almost any violation of military law COULD be an Article 15. From a theft to a DUI to???

Same deal for both. The charge begs the question .....what exactly did you do to get a DC charge ?

Yes , in some states you can go ARD for a DC charge.

What state are you in ?

[icu650]

Were you originally charged with petite larceny (New York) and then it was dropped down to disorderly conduct?

[Ktornese]

I was given a non traffic citation summons, last week, charge was disorderly conduct,the nature of charge was retail theft. I was told since it was a summary offense here in PA just pay the fine won't go anywhere in the system stays local at the police station, not on a background check. The one in NY 34 years ago,I plead guilty,was fingerprinted,was petite larceny,in court reduced to Disorderly Conduct. This hasn't shown on any background check,except when this police officer got it for this recent charge. He was nice enough to give me a disorderly conduct summary offense,no fingerprint.I'm trying to get a job,so he helped me. I was just informed by a lawyer in New York my disorderly conduct,retail theft cannot be expunged ever this is a new law passed. I'll have to live with this,however hasn't shown up on any background check for jobs thus far. Whats your take on me going to court for this PA summary offense to try to get it dropped,maybe community service. I was told I can't get ARD since it's a summary offense.

[Ktornese]

I'm trying to get some help or suggestions on this charge regarding going to court to get the charge dropped with a fine imposed only. I had a prior charge of disorderly conduct,retail theft 34 years ago in NY however hasn't shown up on any background checks,able to get passports. It showed recently since the police officer accessed a more in depth criminal background check in which they can get this only. So I am trying to decide if I should try to get the recent summary offense dropped against me. I wasn't fingerprinted, no court date necessary,told pay the fine will stay at the police station, local only. I was also told won't show up on any background check for employment. My concern I make any kind of mistake as I get older,I'm already in my 50's will I go to prison.is if I get stopped for anything the rest of my life am I going to go to prison or pay a fine and prison. The one in NY cannot ever be expunged,they don't expunge any criminal charges in NY.

[mcsap]

If I was the officer who CUT YOU A BREAK and you pled not guilty....I would withdraw and refile the original Retail Theft charge and you would get fingerprinted , photographed etc. Don't do something dumb.

On the other hand , you can ask the District Justice about doing some form Community Service in lieu of paying a fine.

DC is not a job killer but stealing is. Stop stealing.

[greg72982]

I was given a non traffic citation summons, last week, charge was disorderly conduct,the nature of charge was retail theft. I was told since it was a summary offense here in PA just pay the fine won't go anywhere in the system stays local at the police station, not on a background check. The one in NY 34 years ago,I plead guilty,was fingerprinted,was petite larceny,in court reduced to Disorderly Conduct. This hasn't shown on any background check,except when this police officer got it for this recent charge. He was nice enough to give me a disorderly conduct summary offense,no fingerprint.I'm trying to get a job,so he helped me. I was just informed by a lawyer in New York my disorderly conduct,retail theft cannot be expunged ever this is a new law passed. I'll have to live with this,however hasn't shown up on any background check for jobs thus far. Whats your take on me going to court for this PA summary offense to try to get it dropped,maybe community service. I was told I can't get ARD since it's a summary offense.

I'm a little confused as retail theft and disorderly conduct are two completely different charges. The only thing I can think of is the officer did something similar to writing a lesser charge on a traffic offense by actually charging you disorderly conduct even though the actual offense was retail theft. While I've never heard of this happening, it may be something common in that area or with that magistrate.

Summary offenses do not show up on a criminal background check, however there is still record of it and PA is very public about records. There is a public site where you can even see traffic offenses so that will show up.

I just found out recently ARD is an option with some summary offenses. Plead not guilty if you want, it won't make things any worse. If I'm not mistaken summary offenses can be expunged after 7 years, but retail theft may not count because a second offense is a misdemeanor.

[CPL1897]

If I was the officer who CUT YOU A BREAK and you pled not guilty....I would withdraw and refile the original Retail Theft charge and you would get fingerprinted , photographed etc. Don't do something dumb.

On the other hand , you can ask the District Justice about doing some form Community Service in lieu of paying a fine.

DC is not a job killer but stealing is. Stop stealing.

I think I can speak for most of us when I say if I was the Officer and cut you a major break then you make me go to court on my day off after I HELP YOU, then I would be very displeased to say the least and I would pull the Prosecutor aside and relate to them why.. I can assure you, you wont win the case, an you wont get less BUT MORE than the original charge (jail time etc).. We have great DA's here and a good relationship, we dont send them a bunch of week cases and in return they will do us the favor of "adding a little extra" to someones punishment if need be...

SIMPLY STOP STEALING...YOU ARE IN YOUR 50's!!

[greg72982]

I think I can speak for most of us when I say if I was the Officer and cut you a major break then you make me go to court on my day off after I HELP YOU, then I would be very displeased to say the least and I would pull the Prosecutor aside and relate to them why.. I can assure you, you wont win the case, an you wont get less BUT MORE than the original charge (jail time etc).. We have great DA's here and a good relationship, we dont send them a bunch of week cases and in return they will do us the favor of "adding a little extra" to someones punishment if need be...

SIMPLY STOP STEALING...YOU ARE IN YOUR 50's!!

The DA doesnt prosecute summaries here, we do. In some counties they won't even come to preliminary hearings for misdemeanors...

[mcsap]

Yes, in PA , the Police Officer themselves handle Summary cases ( and a lot of Misdemeanor and even Felony cases without a DA). So he wouldn't have to worry about the DA , just the arresting officer. Having been down this road with a few people , I had the legal authority to withdraw and refile the original charge.

I would not recommend that the OP gamble on this.

[greg72982]

I gotta say this is one break I'd never cut. I agree with mcsap take it!