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  1. #1
    Join Date
    Feb 2015
    Posts
    5

    Default Will Submitting Fingerprints for a Background Check Cause Me to be Tied to Past Crime

    My question involves police conduct in the State: ohio

    Back in July,* I was caught for stealing a shirt. It was a first time offense and was reduced to Disorderly Conduct. It was definitely a huge wake up call and the last time I would shoplift, however,* it was also not the first time I did it either. I got a new job and have been honest with the employer about my past. The company requires* fingerprinting prior to employment because it is in the financial services industry. I'm concerned that getting myself fingerprinted may somehow end up tying me back to older shoplifting offenses. I'm sure it's possible, I'm just trying to figure out how probable it is. Is this something I should be concerned about?* I should have probably included some more information.* I'm not worried about the fingerprints tying me back to this specific instance. I'm concerned that the fingerprints will somehow tie me back to another offense that Was not caught (I've heard specific stores have forensic labs and lift prints off of evidence left in the store). I'm really just worried about receiving another offense and going to jail.

  2. #2
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Fingerprinted for Employment, Can It Be Tied Back to Previous Shoplifting Occuren

    You can pretty much guarantee it will be tied to the instance where you were caught. It sounds like you disclosed that incident to your prospective employer, if thats the case then you are probably OK there.

    As for unsolved cases, anything is possible, however it would be incredibly unlikely. Unless we are talking about large scale, organized theft, or you have a warrant out for your arrest then you are fine.

  3. #3
    Join Date
    Feb 2015
    Posts
    5

    Default Re: Fingerprinted for Employment, Can It Be Tied Back to Previous Shoplifting Occuren

    Thank you for your response.

    I was not fingerprinted when I was caught, as I was cited and released. Though, I fully expect it will come up on the background check, which is why I disclosed it to the employer.

    I definitely wasn't large scale, or a part of any kind of ring, but your mind sure thinks up crazy things when you have a guilty conscience!

  4. #4
    Join Date
    Apr 2015
    Posts
    1

    Default Re: Fingerprinted for Employment, Can It Be Tied Back to Previous Shoplifting Occuren

    HS 11361.5. (a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision (c). The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date.
    c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed.

    HS 11361.7. (a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an offense specified in subdivision (a) or (b) of Section 11361.5 which became final more than two years previously, shall not be considered to be accurate, relevant, timely, or complete for any purposes by any agency or person. The provisions of this subdivision shall be applicable for purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law, whenever any information or record subject to destruction or permanent obliteration under Section 11361.5 was obtained by any state agency, local public agency, or any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, and is thereafter shared with or disseminated to any agency of the federal government. (b) No public agency shall alter, amend, assess, condition, deny, limit, postpone, qualify, revoke, surcharge, or suspend any certificate, franchise, incident, interest, license, opportunity, permit, privilege, right, or title of any person because of an arrest or conviction for an offense specified in subdivision (a) or (b) of Section 11361.5, or because of the facts or events leading to such an arrest or conviction, on or after the date the records of such arrest or conviction are required to be destroyed by subdivision (a) of Section 11361.5, or two years from the date of such conviction or arrest without conviction with respect to arrests and convictions occurring prior to January 1, 1976. As used in this subdivision, "public agency" includes, but is not limited to, any state, county, city and county, city, public or constitutional corporation or entity, district, local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency thereof.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fingerprinted for Employment, Can It Be Tied Back to Previous Shoplifting Occuren

    Are you quoting CA law?

    If so... why?

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Fingerprinted for Employment, Can It Be Tied Back to Previous Shoplifting Occuren

    If you didn't steal a tractor trailer load of merchandise or kill someone so you could get away from a store, then don't worry about your prints tying you to anything.

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