It'd Be A Crime Not To Take Misdemeanors Seriously
WHEATON, Ill. (PRWEB) May 04, 2018 -- "Oh, that's not too bad... after all, it's only a misdemeanor."
Defense attorneys cringe when they hear those words from clients. While some misdemeanors are indeed far less serious than others, any criminal charge (unless expunged) will stay on your record forever. And, in this internet age, it's easier than ever for employers, landlords, other police agencies or anyone with $50 (sometimes less) to access those records and make your life miserable.
Yes, it comparison to felonies, misdemeanors are "less serious" but with criminal offenses, "less serious" is a relative term, isn't it? For example, misdemeanors often include crimes like petty theft, disorderly conduct, vandalism, public intoxication as well as:
Domestic Battery
Battery
Criminal Damage to Property
Criminal Trespass to Residence
DUI
Possession of Marijuana (more than 10 grams but less than 30 grams)
Prostitution
Public Indecency
Reckless Conduct
Resisting a Police Officer
Retail Theft (shoplifting)
In Illinois, all of these crimes are Class A misdemeanors and come with a sentence of up to one year in jail and a fine up to $2500.
Background Checks
Whether or not a misdemeanor will show up on a background check is entirely dependent on how thorough the check is. But just imagine someone is applying for a job and a "public indecency" or a "battery" conviction does indeed pop up during the pre-employment background check. Would it be a deal-breaker? Perhaps - it would probably depend on the job. But it certainly wouldn't help that applicant's chances, would it?
Now misdemeanors are usually prosecuted at the county level, so if an employer is running a state background check on an applicant and the state's records don't include that particular county, the applicant has caught a break. But anyone who has sweated out such a background check will say they wished fervently they didn't have any criminal conviction on their record.
Generally speaking, if someone has a misdemeanor on their record that dates back several years, it's less of an issue for potential employers or landlords. It also depends on the crime and when you were convicted. For example, if someone has a misdemeanor conviction for underage drinking that's several years old, it's more likely a background checker will be lenient. Conversely, if the same applicant has a DUI misdemeanor conviction from last month, well...
Bottom line: when it comes to the hiring process or any other life event that requires a background check, it's better to be upfront right at the start. Background checkers would rather hear about a criminal conviction from the applicant first than discover it during their research. If handled correctly, it can even work to the applicant's advantage: the background checker will come away with an impression of the applicant as an honest, if flawed, person. (And who among us, is not flawed?)
Conversely, if an employer asks whether or not a potential employee has any convictions and they say no, the employer could terminate them years later when they finally discover it. That's because, while your employer might not care about the time the cops arrested you for underage drinking at 16, they likely will care that you lied to them.
Often when I speak with clients about all the negative effects of misdemeanors, they sit up and pay attention. In their eyes, it's not "just a misdemeanor" anymore. And that's a good attitude to take.
Tim Martin, Martin & Kent LLC, http://www.martinandkent.com, (630)474-8000, [email protected]
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