Shoplifting, Larceny, Robbery, Theft Retail theft ordinance Help please!!

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Helpwinnie

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Arrested and fingerprinted for retail theft and received a ordinance charge in illinois
Did diversion program and charge may be amended to disorderly conduct.

1. Is ordinance charge considered a misdeeameanor?
2. Will it show up on U4 background check for FINRA (financial licenaing) even if expunged?
3. Does ordinance violations even show up on background check? Read elsewhere that they rarely do Because there are harder to Check all of the thousands on municipalities?
4. Does amended charges show original charge on background checks? I know a million questions but I'm stressed and need clarity please!
 
This isnt going to be a lot of help

1. Is ordinance charge considered a misdeeameanor?
Depends on the charge it well could be. Post the penal code
2. Will it show up on U4 background check for FINRA (financial licenaing) even if expunged?
Not all background checks are created equal so yes it could
3. Does ordinance violations even show up on background check? Read elsewhere that they rarely do Because there are harder to Check all of the thousands on municipalities?
Ses last answer
4. Does amended charges show original charge on background checks? I know a million questions but I'm stressed and need clarity please!
It could depend son who checking and what they are checking for as well as how court documents case
 
Helpwinnie said:
II'm asking is that form that the penal code is listed? Is 29,98 considered a misedemanor?
That does not conform to any Illinois statute so this is likely a municipal ordinance. What city is this in? And what was the source of this "29,28"? In other words, where did you get those numbers?
 
It doesn't say anything about penal codes. It says "alleged offense : retail theft" "Chapter and section : 29,98" the box that says "Illinois complied statutes" is not checked only box that says "local ordinace" is checked. It doest even have "case number" where it says case number it says "complaint". Where should I be looking? Does this help clarify?
 
Helpwinnie said:
It doesn't say anything about penal codes. It says "alleged offense : retail theft" "Chapter and section : 29,98" the box that says "Illinois complied statutes" is not checked only box that says "local ordinace" is checked. It doest even have "case number" where it says case number it says "complaint". Where should I be looking? Does this help clarify?
This is why I also asked what city you were in.

We might be able to look it up when we get that info.
 
Helpwinnie said:
Aurora . Where can we look this up at?
Well, 29-28 has nothing to do with theft:

Sec. 29-28. - Noise restrictions in residential areas.

(a) For purposes of this section, the following definitions shall apply:
(1) Residential district means any area within the city limits in which properties are zoned R-1, R-2, R-3, R-4, R-4A, R-5, R-5A, and residential areas of PDD zones.
(2) Construction trades means any type of home repair, including but not limited to construction, repair, and/or maintenance of a new or existing structure and its appurtenances. This shall also cover landscaping construction but not landscaping maintenance.
(3) Emergency related sound means any type of sound rendered on an intermittent, emergency basis, including but not limited to sounds associated with snow removal, flood water removal, and/or storm debris removal, emergency generators that are used during electrical storms, as well as alarms and other emergency warning sounds.
(4) Noise means sounds associated with the repairs of vehicles or engines, music, or the operation of mechanical equipment other than vehicles, which may be heard seventy-five (75) feet beyond the property line of the property from which the sounds originate.
(b) In all residential districts within the city limits, no electronically amplified sound may be emitted from a property such that it may be heard seventy-five (75) feet beyond the property line of the property from which said sound originates.
(c) In all residential districts, and all business districts immediately adjacent to residential districts, within the city limits, no noise as defined may be emitted from a property between the hours of 10:00 p.m. and 7:00 a.m.
(d) Exceptions. The provisions of this section shall not apply to:
(1) Construction trades as defined herein.
(2) Emergency related sounds are defined herein.
(3) Athletic events held on park or school property or events which have been approved by the city.
(4) Any church, temple, synagogue, mosque or similar place of worship, only with regard to exception from subsection (b) hereof for interior sound.
(e) Any person convicted of violating any provision of this section shall be guilty of a misdemeanor.
(Ord. No. 096-38, § 1, 4-23-96; Ord. No. 097-80, § 1, 9-23-97; Ord. No. 001-03, § 1, 1-16-01)


So, I'm at a loss as to what the offense actually is or why you have "29,28" on the paperwork. You may have to call them up and ask them ... but, if the officer made a mistake, he will probably correct it. If he did not make a mistake, then they might be trying to prosecute you for the wrong offense which could actually work in your favor.

I believe he intended to write 29-98 for theft.

http://library.municode.com/HTML/10143/ ... S29-98RETH

Here's a link to the municipal code: http://library.municode.com/index.aspx? ... e=Illinois
 
Thank you for all this information! It is very helpful! Would they actually try to prosecute me for wrong offense or is it more likely that they will just change it?

It definitely says that code so I'm hoping that it will in fact work on my favor Because that on my background is way better than retail theft!
 
Rereading the number I said in my initial response, the code is 29,98 not 29,28. So is 29,98 considered a misdeameanor ?
 
Helpwinnie said:
Rereading the number I said in my initial response, the code is 29,98 not 29,28. So is 29,98 considered a misdeameanor ?
Yes, a misdemeanor ... and appears to be punishable by a fine from $50 to $500. No jail time is mentioned, but there may be some exception that allows jail. Best to talk to an attorney.
 
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