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  1. #1
    Join Date
    Oct 2009
    Posts
    3

    Default Petty Theft and OPM Background Checks

    Hello,

    About 3 years ago I was caught stealing approximately $3.00 worth of merchandise in California. I received a "Notice To Appear" for a Petty Theft Misdemeanor, though I was not convicted of a Misdemeanor. It was reduced to an Infraction after I plead No Contest.

    Am I correct to say that the Notice to Appear issued by the police officer is equivalent to an Arrest?

    I'm applying to several government jobs and, while I was never convicted, I'm pretty sure the incident will show up as a Previous Arrest or a Charge on my OPM Background Investigation, almost certainly preventing me from becoming an employee.

    Is it possible to get a previous arrest expunged? Or is this only for those convicted (Misdemeanor, Felony, etc)?

    Wouldn't an OPM/FBI Background Investigation show something that was expunged anyways? Would it look worse that I tried to hide it?

    Is there basically no hope for me achieving any government or national security employment?

    Thank you so much!

    P.S. I posted this in the wrong forum previously.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Petty Theft and OPM Background Checks

    The definition of "arrest" can depend upon the context, and who's attempting to define the incident. Being issued a notice to appear, without being taken into custody, would not fall under most definitions of arrest; but it's possible, for example, that the police agency defines such an incident as an arrest for purposes of its internal records. You can expect to have to disclose the incident, and for it to come up on a OPM/FBI background search, even if you somehow manage to seal the arrest record, although I suspect the issue is moot because I don't believe you would be able to successfully achieve that.

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