QUESTION
What is a petty disorder and is it automatically removed from my record after 5 years?
Asked on Apr 23rd, 2013 on Criminal Law - California
More details to this question:
I got caught shoplifting and the amount I stole was less than $30. I am scheduled for court in 2 weeks and I don't know what to expect. This is my first criminal act and I am 19. What is a petty disorder? Should I plead guilty to that? Is it possible to plead guilty to a petty disorder and pay a fine so that it won't show up in my record? Is it true that a petty disorder lasts for 5 years on a record then it removes, keeping my record safe and clean as before? How can a lawyer help me to make sure this will not show in my record?
2 ANSWERS
There is no such thing as a "petty disorder." There is petty theft (shoplifting) which is a misdemeanor with a potential penalty of up to 1 year in prison and a fine of up to $1,000. Do not plead guilty. If you plead guilty or are convicted, the conviction will stay on your criminal record forever and will never be expunged (removed) or sealed. It will prevent your from getting a job, renting an apartment, or getting a loan. You need to hire an attorney to represent you. If you have no prior convictions for shoplifting, theft, larceny, or stealing, your attorney can probably negotiate a plea-bargain so that the petty theft charge is reduced to something like "Littering." Depending on which court this is in, you may not have to appear in court at all.
Answered on Apr 29th, 2013 at 4:08 AM
No it won't automatically be removed after 5 years. Petty theft is a crime of moral turpitude, and if convicted you can kiss your university and career aspirations goodbye. Hire a lawyer before you get duped into a plea that you will regret for life.
Answered on Apr 25th, 2013 at 3:49 PM