QUESTION
If a store decides to drop my theft charges will this still show up on my record?
Asked on Dec 29th, 2011 on Criminal Law - Texas
More details to this question:
I was charged with theft (shoplifting at a store) in August, 2011. In December 2011, I wrote the store's C.E.O, asking that they please drop all charges. They agreed to this request. My question is, how likely is that the district attorney's office will be willing to drop the charges without having to pay a fine. This is my first offense, and currently I am unemployed. On the table right now is they have agreed to dismiss charges, however I'd have to pay a fine of $620, but I do not have the money. Also, I'm looking for a job, therefore, I need to know if charges are dismissed, will this be on my record? If so, how long? And can it be expunged from my record?
2 ANSWERS
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Cynthia Henley
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It is not up to the store on whether charges are dropped, although the CEO's request for dismissal would likely carry great weight. If find it very odd to believe that the store would recommed dismissal, though. That is not the norm at all. If it is dismissed, to get the charge off your record you would need to hire a lawyer and file a petition for expunction in civil district court.
Answered on Jan 16th, 2012 at 6:32 PM
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The store can't decide the case. Only the District Attorney can. You will absolutely have to pay back the money. Maybe a good lawyer can lower the fine or the DA can give you time to pay. After a dismissal, then you can immediately file for expunction. However, it takes about 4-6 months for the expunction to go through.
Answered on Jan 16th, 2012 at 5:06 PM