QUESTION

How can I get a misdemeanor from shoplifting off of my record?

Asked on Aug 10th, 2011 on Criminal Law - California
More details to this question:
I was 18 at the time and stole gold fish crackers from ralphs and was arrested, to this day it is still on my record and has affected me getting jobs. Im 24 now and have no one to go to for advice.
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12 ANSWERS

Criminal Defense Attorney serving Tustin, CA
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You can retain a lawyer to file a motion for you per Penal Code Section 1203.4.
Answered on Aug 16th, 2011 at 12:33 PM

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Bankruptcy Attorney serving Huntington Beach, CA at The English Law Firm
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There is a provision for expungement. You may want to hire an attorney or go to the court's self help website.
Answered on Aug 12th, 2011 at 10:10 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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By expungement. The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like you qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Aug 12th, 2011 at 9:14 AM

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File a 1203.4 motion with the court that you received the conviction.
Answered on Aug 11th, 2011 at 1:26 PM

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Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
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You qualify for an expungement of your misdemeanor petty theft conviction if you: 1) Have complied with all the terms of probation; 2) Are not now on probation or serving a sentence for any offense; and 3) Are not now charged with committing any offense. An expungement is a dismissal of the charges and convictions. With the exception of applying for public office, licensure by a government agency, or for contracting with the California State Lottery, you would be able to state on any job application that you had never been convicted of a crime once your petition for expungement is granted.
Answered on Aug 11th, 2011 at 12:21 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Contact a local criminal defense attorney about a dismissal under Penal Code 1203.4. It's commonly called an expungement. While California doesn't have a true expungement law, it can help to clean up your record for employment reasons.
Answered on Aug 11th, 2011 at 11:33 AM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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To Whom It May Concern: Unfortunately... and not to cry over spill milk, you made a serious mistake when you were eighteen years old and pled to a misdemeanor. Just the cold comfort you wanted to hear, I'm sure. You should have, or your Attorney or the Public Defender should have, negotiated an infraction plea for you. You did not know, and no one was looking out for you. If you were offered to speak to the Public Defender and did not do so... well, that was on you. If you did so and the Deputy Public Defender on the calendar that day did not feel sufficiently moved to slide over to the Deputy District Attorney's desk and briefly argue for the infraction disposition, then that was on them. That said, you have to start from where you are, as they say. So, your only real option now, six years later, is to file a motionp ursuant to Penal Code section 1203.4. It is popularly called an "expungement", though it is not an expungement. It is a dismissal. Your guilty plea is withdrawn, and the charge is dismissed. It is a limited form of relief. I direct you to the code, itself, for further elucidation. It will not protect you in every instance, but it is relief of which you should avail yourself. Except for certain circumstances or exceptions, spelled out in the code, after the motion you would be able to say that you had not been convicted.
Answered on Aug 11th, 2011 at 11:32 AM

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Was this in juvenile court or adult court? If you had a public defender go to their office and they can do it for you. If you had private counsel, go to him/her. I am guessing it was adult court as Juvi records come off when you turn 18. Anyhow the P..D. can do a Penal Code 1203.4expungementt for you. The problem is that expungement does not actually ERASE the record. THe record stays and under it they write, "expungement granted pursuant to P. C,1203.4 It is illegal for anyone to get your record (companies used to pay cops $50 to get them) but NOW the boss simply asks you to sign a waiver to let them get your record and if you refuse they will not hire you. Also with all the crap on the internet no one has secrets today. Good luck.
Answered on Aug 11th, 2011 at 11:27 AM

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What you need is to have an expungement done. Most criminal attorneys will do this.
Answered on Aug 11th, 2011 at 11:19 AM

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Unfortunately it cannot come off your record completely. The best you can do is file a 1203.4 petition. It will have the effect of dismissing your case, but the conviction itself will also stay on your record. There is no remedy to purge the conviction itself.
Answered on Aug 11th, 2011 at 11:10 AM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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You can get an expungement, which if and when granted, will show that your conviction was lifted and dismissed. You must have successfully completed all the terms of your probation to be eligible.
Answered on Aug 11th, 2011 at 11:09 AM

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You can hire an attorney to file a petition of expungement for you. Once expunged, it will no longer show up on background checks.
Answered on Aug 11th, 2011 at 11:05 AM

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