Obtaining employment always involves convincing an owner or hiring manager of a business that they can trust you. This is especially relevant when dealing with large amounts of money or merchandise. With examples of employee theft on the rise, businesses are even more demanding when performing interviews and background checks with potential employees. For this reason, it is vital to protect your legal rights if an arrest or even a conviction for a theft-related offense has occurred.
An employee theft defense attorney could help you better understand your options in these cases. This includes explaining when the State must automatically seal a record involving criminal charges or when you must take proactive steps to request this relief. The Umansky Law Firm can explain the process behind employee theft record sealing in Orlando.
The most direct way to ensure that an arrest under an allegation of employee theft does not affect your future is to avoid a conviction for this offense in criminal court. This conviction may take the form of a guilty plea or a finding of guilt by a judge or jury.
However, if a court does not return a conviction, state law requires that court to automatically seal the record. According to Florida Statute § 943.0595, the Department of Law Enforcement must automatically seal a person’s criminal record in cases where prosecutors never filed a criminal charge or if the charge does not result in a conviction. Fortunately, this process does not require any action on the part of a defendant. State law dictates that the clerk of the court must submit a certified copy of the acquittal and the Department must automatically seal the record.
Even if a case does end with a conviction, that conviction does not need to follow a person for the rest of their life. State law provides means for a person to petition a court to seal their criminal record under limited circumstances.
Most examples of employee theft will fall into this category. Fla. Stat. § 943.059 says that a person with a criminal conviction for petit theft can ask a court to seal their record. Petit theft applies to most examples of theft where the property has a value of $750 or less. As a result, a conviction for petit theft that occurs in the workplace may be eligible for sealing. To obtain a sealed record, a person must:
An attorney could provide more information about employee theft record sealing in Orlando and take the lead in obtaining the documents needed to submit a comprehensive petition for relief.
A conviction for employee theft can have a devastating effect on your life. Most prominently, a criminal record will cause an employer to hesitate when considering hiring you for a new job. Thankfully, a sealing of your criminal record can make this event invisible on civilian background checks.
In many examples, a non-conviction in court will result in an automatic sealing of your record. Even if the case resulted in a conviction, state law allows you to petition a court for relief as long as you have completed your sentence and remained out of trouble. At the Umansky Law Firm, we believe in Second Chances – especially when it affects your employment. Reach out to an attorney now to learn more.
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