Interesting Thing Pop'd On My "Criminal History" - How To Deal With It?

So I pull a criminal history on myself today - so I can see if there's any surprises on there that I may be missing on my applications.

SURPRISE!!!

I had an "incident" in some podunk town in Pennsylvania, on tour with my old band back in '10. I "allegedly" tried to drag a Red Roof Inn housekeeper into my room. TOTAL FABRICATION - TOTAL SCAM - SMALL TOWN B.S. (reminded me of the movie "Nothing But Trouble").

So I get what's called a "summary offense citation" for "harassment". Had to deal with it at the local magistrate that day - since "yer from out of state". YEE HAW!

Try to get the magistrate to let me plead it no contest - "in the interest of justice", and request a "adjudication withheld" on the charge - magistrate never heard of "adjudication withheld". I'm not in the mood to argue. But he assures me it's not a criminal offense, it's not even a misdemeanor - more like a traffic citation and won't show up as a criminal offense. So $300 later, I'm back on tour.

Guess what - it DOES SHOW UP in a "national criminal search".

Here's what's weird though. The statute I was charged with ISN'T a misdemeanor - it's called a "summary offense" (PA Statute 18.2701.a1). Other, more serious infractions under the statute ARE misdemeanors - this one IS NOT.

§ 2709. Harassment. (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same; (2) follows the other person in or about a public place or places; (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).

(c) Grading.-- (1) An offense under subsection (a)(1), (2) or (3) shall constitute a summary offense. (2) (i) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a misdemeanor of the third degree.

Online applications for trucking companies that I've done, ask for misdemeanor CONVICTIONS - and I've answered NO - and I believe legitimately so. But this IS LIKLEY to pop on a HireRight BGI.

I'm more than prepared to explain this incident, if asked - but don't really feel that I've been "dishonest" on the app, by not mentioning - because it is neither a misdemeanor nor a felony.

Thoughts?

Rick

I don't see this jeopardizing your future. Usually an application will have a field where you can explain this to them. You'll know it when you see it. But I would definitely tell the recruiter about it. Whatever you do, don't just hide it and pretend it never happened. You'll be ae-okay.

I don't see this jeopardizing your future. Usually an application will have a field where you can explain this to them. You'll know it when you see it. But I would definitely tell the recruiter about it. Whatever you do, don't just hide it and pretend it never happened. You'll be ae-okay.

But there isn't actually a field on any of the apps - because this is NOT a misdemeanor. All the apps I've filled out online - ask for felonies and misdemeanors. Why does PA have to complicate the frikkin legal system?

Really messed up part, is that it does NOT show up on a PA State Police Criminal Records Request. Wish HireRight/DAC would provide their criminal history reports to consumers, so that I can dispute the entry.

I can get this "expunged" come this June - and I WILL. The only reason I plead it out - was that the magistrate assured me it wouldn't become a part of a criminal record. That and I just wanted to get the F out of that town quickly.

At any rate - going to let sleeping dogs lie for now. I'll keep the paperwork on this "in the cloud" - so if it does come up, I can explain it - along with the explanation that I didn't disclose - because it was neither a misdemeanor nor a felony.

Thanks,

Rick

Tell them over the phone. You don't want to gamble with this.