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Question
QUESTION: my husband recently acquired a theft charge from a retail store he was working for. we went to court and he was made to pay restitution to the store. that was it. does he have a record now?? and where can i get a copy, we are in nj.
ANSWER: Ashley,
Don't take this the wrong way but your husband didn't "aquire a theft charge". If he went to court and was made to pay restitution that means he was convicted of theft and thus is a convicted criminal. I don't know who is attorney was but he should have told your husband the implications of being a convicted thief. The attorney should also have told him where he can get a copy of his record but why would he need that? I think that I would be keeping that quiet. Anyways the record of his conviction would probably (remember all states are different) at the courthouse where he was convicted and/or at the police repository for criminal records. In my state that is the state police but in your state it could be somewhere else. The courthouse would know.
---------- FOLLOW-UP ----------
QUESTION: my husband didn't have an attorney. we didn't ask for one. he was guilty and we knew it and we couldn't afford one anyway. no one told us anything. that would be why I'm asking you. my wording was obviously wrong but you obviously got my drift. I want it for our own personal records.
Ashley,
Does he realize that he is now a convicted criminal and for the rest of his life he will have to admit that and anyone can have access to his record? I can't tell you how many times I have heard "didn't need any attorney, etc " well an attorney could have gotten him into a diversion program if it was his first offense. I'm surprised that the judge let the case go forward without him being represented.
But you asked about his record. Yes he has one. Two I am not familiar with your county in New Jersey so I suggested that you call either the police department or the courthouse and find out where you can get a paper copy of his record.
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Answers by Expert:
Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
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