QUESTION

Can I get a shoplifting charge sealed and how?

Asked on May 05th, 2014 on Criminal Law - California
More details to this question:
A year ago, I was charged with shoplifting. The total was under $500 and it was my first charge, ever. In a couple of days, I will have successfully completed my deferred sentence. I was not a minor when I got the charge. I am hoping to get this sealed/expunged but I'm not sure if I'm eligible and what this entails. Can anyone tell me if I am eligible for either of this things as soon as the deferred sentence is up? Is this something I need a lawyer to do?
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9 ANSWERS

Michael J. Breczinski
Most deferred sentences have dismissal if you successfully complete them. So this should do what you want.
Answered on May 08th, 2014 at 4:44 PM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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Your deferred sentence may already provide for relief if you were between the ages of 17- 21 at the time the offense was committed.? If you are older and it was a true diversion, then that may result in no record of conviction as well.? No matter what, make sure you get a copy of the final judgment or court order.? If you have a recorded conviction then, in that event, you must wait 5 years from the conviction date and be crime free from that point on in order to qualify under Michigan Law for an application to set aside the record of your conviction which is otherwise known as an expungement.
Answered on May 08th, 2014 at 10:00 AM

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California's expungement law permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not currently charged with a crime. If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so. A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal. The petitioner can then answer honestly and legally a question about their criminal history, with some exceptions, that they have not been convicted of that crime. What is actually stated on a record is that the case was dismissed after conviction. It never erases the record, and still states one was charged and convicted along with how much time was served. If the petitioner is later convicted of the same crime again, then the expungement will be reversed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Therefore, once an order for relief pursuant to California State Penal Code Section 1203.4 has been granted, the former-probationer can lawfully state that they have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. There are certain crimes that are "priorable", meaning that if arrested for a similar crime in the future, the punishment may be enhanced. For example, petty theft is a misdemeanor. However, petty theft with prior theft convictions is a wobbler, meaning it may be punished as a felony or misdemeanor. If someone is arrested for petty theft with a prior, and the prior was expunged, the fact of the expungement will not save the person from being charged as a felony. Additionally an expungement will not restore those gun ownership privileges.
Answered on May 07th, 2014 at 1:11 PM

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Thomas Edward Gates
Once you have completed all of the terms of your sentence, you can petition the court to expunge your record. The court clerk has the form.
Answered on May 06th, 2014 at 10:11 PM

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Criminal Law Attorney serving Boulder, CO
3 Awards
If the case is completely dismissed after the deferred (should be), then yes you can file to seal it as soon as it is dismissed I think a lawyer is a good thing - I do these - If you really want it sealed, I would hire someone bc from experience, it was a pain the first few times, but I have the system down pat. If you do it wrong, you have to start from scratch and re-file.
Answered on May 06th, 2014 at 8:42 PM

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You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Answered on May 06th, 2014 at 8:07 PM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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Seems like you can seal it if deferred sentence. You don't need a lawyer to do it, but it is advised if you want the job done correctly.
Answered on May 06th, 2014 at 7:13 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You will not be able to get is sealed. It will stay on your record unless your deferred sentence included some sort of dismissal or reduction. Otherwise, you will have to wait five years and apply to have it expunged.
Answered on May 06th, 2014 at 7:13 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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What are the terms of the deferred sentence?
Answered on May 06th, 2014 at 6:12 PM

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