Is There A Permanent Record For Summary Offenses Pennsylvania

[needmuchhelp]

I was wondering if anyone could help me. About two years ago, when I was 19, I was detained, fingerprinted etc...for retail theft. The officer told me that it would be a summary offense. Anyhow, there was video tape (or so I was told) and I was picked up by a "secret shopper" or whatever. Anyhow, I was wondering what this would mean for my permanent record...what would employers see if they did a background check? Would it show up as retail theft or? Is there any way of having it removed? Thanks for any help.

[aaron]

You entered a guilty plea to the summary offense?

[needmuchhelp]

Yes, I did. At the time I didn't know much about the law, and knew I couldn't afford a lawyer...I was caught shoplifting food for my family that's how little money I had. Anyhow, I was told they had me on camera and the person who picked me up said he had witnessed me putting things in my bag so I figured I didn't have much chance at winning in court anyhow. That and I'm not a real good liar. SO, I did plead guilty and paid all of my fines (which weren't much) but now I'm worried about trying to find another job. If that shows up on my record as retail theft...employers won't want to hire me.

[Mr. Knowitall]

It's my understanding that a Pennsylvania summary offense is only considered to be a criminal offense if you are sentenced to jail, and otherwise the only record of the offense is going to be with the police department and courts which were involved. (If your fingerprints were taken, they may be in a state database.) Under Pennsylvania law, conviction records for summary offenses "shall not be used in consideration of an application for a license, certificate, registration or permit" 18 PA Code § 9124, although some employers (such as school districts) can use any past citation as a basis to deny employment.

[needmuchhelp]

shall not be used in consideration of an application for a license, certificate, registration or permit" 18 PA Code § 9124,

SOOO...it would show up if an employer did a background check but is not allowed to be used against me? Or it doesn't show up at all? And is there anyway to find out for sure?

Also, for this type of offense, are there any jobs I won't be able to get in the future and is it likely to be turned down (even by the school) for such an offense?

[Mr. Knowitall]

In terms of your record:

It's my understanding that a Pennsylvania summary offense is only considered to be a criminal offense if you are sentenced to jail, and otherwise the only record of the offense is going to be with the police department and courts which were involved. (If your fingerprints were taken, they may be in a state database.)

Within those constraints, it is certainly possible for a local record to be detected in a broad background check.

In terms of employment:

Under Pennsylvania law, conviction records for summary offenses "shall not be used in consideration of an application for a license, certificate, registration or permit" 18 PA Code § 9124, although some employers (such as school districts) can use any past citation as a basis to deny employment.

The rest is up to the prospective employer.