Burglary, Arson, Home Invasion 15 years later... They want to arrest me?

[mitchell1029]

In 1990 I was young and foolish. I was arrested in San Diego, California for burglary (PC459) in the hearing I plead to a misdemeanor trespassing. (First and only offence) and granted 3 years probation. I thought I completed the probation.

After completing the probation I moved out of California and moved to Texas. During that time I went to work for the local government and also volunteered in the TDCJ prisons. I passed countless background checks and when asked if I was ever "Convicted of a felony" I said no.

15 years later, I am working for a state agency in North Carolina out of the blue, in a routine check is shows that I have a felony warrant dated 12/11/1992. Needless to say I was fired on the spot and almost arrested.

I don't know what the Statue of limitations are, what my next step is or what I am able to about this. I contacted the district clerks office about this but because it is so old, (the files are in the archives) and they won't tell me what the situation is.

Being unemployed now I am unable to hire an attorney right away.

Does anyone have any suggestions?

 

[cmlzip]

Unfortunately, this is what SUCKS about this messed up system. You actually plead these felony burglary charges down to misdemeanor trespassing and did your probation time. Well, guess what? Whatever they initially charge you with (and it's always the highest charge they can imagine because they know you are going to get a lawyer and plea it down, which brings in money for everybody in the legal system) is on your arrest record permanently UNTIL and only UNTIL you hire a lawyer to have it expunged. So, whenever a background check is performed on you, the employer sees that you were arrested for felony burglary and not that you plead down to simple trespassing.

 

[iwannahelpu]

heya mitchell

There may be some free legal advocates in your area who can assist you. Let me know what has transpired since your last submission.

 

[mitchell1029]

15 years later... They want to arrest me? Sill

Nothing has happened since I first posted exept I have spent the last 8 months living on my savings and pawn shops.

I have been unemployable in North Carolina. I moved to Texas in September and found a job with a "Cheep, Discount" Company paying next to nothing and i am trying to put off any background checks so i can collect some pay checks.

How can I pay a lawyer? I am so far in debt because of this I had to sell everything I own and move in with my daughter and son-in-law to survive.

Mitchell

 

[anaerosmithchic]

you may want to call the states board and find out about free legal help, there are some attorneys that do pro bono, and there are services out there, like Legal Aid, that may be able to help.

 

[Michael Wechsler]

In 1990 I was young and foolish. I was arrested in San Diego, California for burglary (PC459) in the hearing I plead to a misdemeanor trespassing. (First and only offence) and granted 3 years probation. I thought I completed the probation.

After completing the probation I moved out of California and moved to Texas. During that time I went to work for the local government and also volunteered in the TDCJ prisons. I passed countless background checks and when asked if I was ever "Convicted of a felony" I said no.

15 years later, I am working for a state agency in North Carolina out of the blue, in a routine check is shows that I have a felony warrant dated 12/11/1992. Needless to say I was fired on the spot and almost arrested.

I don't know what the Statue of limitations are, what my next step is or what I am able to about this. I contacted the district clerks office about this but because it is so old, (the files are in the archives) and they won't tell me what the situation is.

Being unemployed now I am unable to hire an attorney right away.

Does anyone have any suggestions?

Let me ask you this -- why do you think you completed the probation?

Did you try contacting the court to find out how and why it was determined that you violated your probation? A felony warrant is a serious situation and I don't think there is any statute of limitations applicable. Without going into details and just using some explanations in logic, the state can't prosecute you as you are out of the state. Thus it wouldn't be fair to allow you or any other "criminal" to beat the state's ability to prosecute you by fleeing from the state. If that was the case, everyone who committed a crime would flee over state lines, wait a few years, and then have their slate wiped clean. Wouldn't make sense.

Without using a lawyer, you should be able to find out what happened. Hopefully you can get this cleared up. Let us know what happens and really, best of luck to you. I hope that one stupid mistake doesn't make your life even more difficult than it is now. Stay upbeat and confident.