Default Style Register
Daycare.com Forum
Daycare Center and Family Home Forum>Will 3 Year Old Misdemeanor Larceny Charge NC Keep Me From Renewing Licenses?
kammiem14 08:54 PM 10-15-2015
Alright so almost 3 years ago shortly after I was hired at the daycare I work at now, I was convicted and charged with a misdemeanor larceny charge in the state of NC which is where I'm working at now. At the time I was barely 19 and an incident occurred where I forgot to scan an item left in my top buggy area. The people at the store accused me of purposely stealing, and the police officer who showed up just so happened to be related to my mom. Who he hates. So he made this big deal about it wouldn't let me explain that it was an accident. And then I was stupid and naive and thought I didn't need a lawyer I could simply explain what happened to the judge. Needless to say it didn't work out that way. The judge said I was guilty of misdemeanor larceny and that was that. Couldn't do anything about it.

My boss knows she knew the day after it happened I told her and she said I should be fine. I'm great at my job. I am amazing with the kids and I love it. I don't want this one mistake to define me. I'm freaking out because my background check is due in a couple of months (in NC we have it every 3 years) I have a complete clean record other than that incident. Don't even have a traffic violation. Will this keep me from passing the background check in North Carolina. Will a misdemeanor larceny charge cause a problem? What should I do? should I send a letter with my background check explaining what happened?
Reply
Michael 10:58 PM 10-15-2015
Welcome to the forum. I don't believe a misdemeanor would prevent you but every state has different standards.

https://www.daycare.com/northcarolin...uirements.html
SECTION .2700 - CRIMINAL RECORDS CHECKS
10A NCAC 09 .2701
APPLICATION FOR PERMITS
(a) In addition to the requirements set forth in Rules .0302 and .1702,
of this Chapter, a prospective child care provider shall submit to the Division at the time of application the following forms:
(1) a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months;
(2) a signed Authority for Release of Information using the form provided by the Division; and
(3) a completed fingerprint card using SBI form FD-258.
If the prospective child care provider has lived in North Carolin
a for less than five consecutive years, immediately preceding the date the fingerprint card is completed, a national check shall be completed pursuant to G.S. 110-90.2(c).
(b) The prospective child care provider shall sign a statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation. The prospective child care provider shall maintain this statement on file available for review by a representative
of the Division until the notice of qualification is received by the provider. If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, the prospective
child care provider shall acknowledge that he or she is aware that the issuance of a permit is conditional pending approval by the Division.
(c) If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, he or she may submit to the Division additional information concerning the conviction or charges that could be used by the Division in making the determination of the prospective child care provider's qualification.
The Division may consider the following in
making its decision:
(1) length of time since conviction;
(2) nature of the crime;
(3) circumstances surrounding the commission of the offense or offenses;
(4) evidence of rehabilitation;
(5) number of prior offenses; and
(6) age of the individual at the time of occurrence.
(d) A prospective child care provider's refusal to complete the required criminal history record check paperwork is grounds to
deny issuance of a permit.
(e) Determination by the Division that the prospective child care provider is disqualified is reasonable cause to deny issuance of a permit.
(f) If the prospective child care provider is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity or a person designated by the chief executive officer as responsible for the operation of the facility, shall complete the criminal history record check as specified in Paragraph
(a) of this Rule.
(g) When a Letter of Intent to Operate pursuant to G.S. 110-106 is submitted to the Division, the person signing the Letter of Intent shall also submit all forms as required in Rule .2702(a) of this Section.
Effective July 1, 2008
109
(h) Determination by the Division that the person submitting the Letter of Intent is disqualified is reasonable cause to issue a Notice to Cease Operation.
(i) Any child care provider who owns or operates an existing child care program, and who is applying for a permit for an additional child care
program within one year from the date of qualification that was based on fingerprinting, shall submit a certified criminal history check
from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months. A new fingerprint card is not required unless deemed necessary by the Division in making the determination of qualification. If the criminal history
check was completed more than one year prior to the application for an additional child care program, the applicant shall complete all forms
as required in Paragraph (a) of this Rule.
Reply
Tags:background check, criminal records check, misdemeanors, north carolina
Reply Up