Legal Question in Constitutional Law in Indiana

When I was 15 I was arrested for shoplifting at JC Penney in my home town mall. I took my punishment and thought that was the end of it. Now 5 years later I was working at my job in the same mall, but at a different store and the security guard from Pennys came into my store and started saying stuff about when he arrested me. I said well that was 5 years ago I was a kid I learned my lesson and now I am just trying to raise my sons. He came into the store 3 times looking around. Finally he seen me beside my boss and came up to me and started speaking real loud about my arrest in front of her and the customers in the store. I was only charged with a misdemeanor so therefore I never lied on my application when I applied for this job. He was just harressing me I felt . He was wanting to let my boss know that I had been in trouble before. Well I didnt know what to do everyone in the store was staring at me cause they had all heard. My boss looks at me and tells me to get off the register and that I was not to work on it. I was so humiliated I couldnt not work in that enviroment. I walked out. But I thought there was a law about working in a hostile enviroment. Was just wondering if anything could be done about this.

Asked on 12/22/09, 11:47 am

1 Answer from Attorneys

Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

Unless you were waived to adult court which doesn't sound like it was the case here your contact with the court resulted in an adjudication of delinquency not a conviction for a crime of any sort. Under Indiana law IC 31-32-2-6 such adjudications are not considered criminal convictions and no civil disability may be imposed. Specifically a 15 year old may not be considered a criminal because of an adjudication in a juvenile court, nor may an adjudication in juvenile court be considered a conviction of a crime and such an adjudication in juvenile court does not impose any civil disability imposed by conviction of a crime. You may want to speak with an attorney about how to handle this situation and what steps to take next. If you can't locate an attorney in your area familiar with this area of juvenile law feel free to give me a call at my office.

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Answered on 12/27/09, 6:03 pm

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