QUESTION
Can I file for an appeal for the court to have a hearing and remove my first offense petty theft record?
Asked on Apr 17th, 2013 on Criminal Law - New York
More details to this question:
I was given 3 years informal probation, a misdemeanor 2 years ago. I can't find work due to this. I have never been in trouble before or after this.
8 ANSWERS
If you were given an SIS (suspended imposition of sentence) and probation for a petty theft charge, then if you didn't violate the probation, there was no conviction. Only arrests and convictions appear on criminal records. If you received an SES (suspended execution of sentence), then there was a conviction entered on your criminal record. There is no way to get a theft conviction expunged from your criminal record.
Answered on Apr 23rd, 2013 at 8:25 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
It's probably too late to file an appeal, but you may be able to file a motion for early termination of probation and then expunge your conviction.
Answered on Apr 18th, 2013 at 7:46 PM
Michael J. Breczinski
In Michigan you have to wait 5 years before you can get the matter expunged. This is the trap that people who steal and go in and plead guilty fall into. if you had an attorney maybe a deal could have been worked out for no record. You have learned the hard way that employers do not want to hire a thief.
Answered on Apr 18th, 2013 at 1:23 AM
DUI Attorney serving Grove City, OH
at
Law Office of John G. Galasso
Update Your Profile
Why don't you file to have it expunged in the court where you were convicted?
Answered on Apr 17th, 2013 at 10:01 PM
Thomas Edward Gates
You need to complete your probation before any charge can be expunged.
Answered on Apr 17th, 2013 at 9:50 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
2 Awards
Michigan law allows a person with one and only one conviction to apply for expungement of that conviction after 5 years. This is commonly known as a motion to set aside a conviction. If after 5 years from the date of your conviction you have had no other incidents with law enforcement then you are eligible to apply for expungement.
Answered on Apr 17th, 2013 at 9:25 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
If you're in California, you can bring a motion for early termination of probation. If that motion is granted, you can then have the case dismissed under PC 1203.4. I would recommend having an attorney help you with this. You should either contact the lawyer that represented you when you were placed on probation, or hire one that you like.
Answered on Apr 17th, 2013 at 9:14 PM
Unfortunately, you cannot get a criminal conviction of a misdemeanor removed or "expunged" from your record in New York State. You can only ask that a court "seal" your criminal record, but you may only get this done if you were considered a juvenile delinquent or youthful offender when you were convicted of the crime. Outside of these instances, there is no way under New York law that you can get your criminal conviction removed from your record.
Answered on Apr 17th, 2013 at 8:36 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com