QUESTION

Is there a chance that I could get this misdemeanour theft off my record if I took a diversion course?

Asked on Mar 16th, 2013 on Expungements - Minnesota
More details to this question:
I was charged with misdemeanor theft with "taking customer's cash that was left behind by the customer." I am 18 and never had any criminal record before. What exactly are my options and how can I go about doing it?
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2 ANSWERS

Donna Eugenia Vasilkovs
First, you state this charge is a misdemeanor so it is inappropriately on the FELONY EXPUNGEMENT WEBSITE. Second, you state you are 18, but how old were you when this happened? There is a diversion program in juvenile court to avoid a criminal conviction, and some other programs available such as a pre-diversion 180 program in King Co. If you were arraigned as a juvenile before you turned 18 or if the incident occurred before you were 18 but the arraignment took place after age 18 and the juvenile court retained jurisdiction, then diversion may be a good option. But only an experienced juvenile attorney can help you determine if that is a wise choice depending on the facts of the case. I advise consulting with one ASAP before making any decisions. Third, if you are being offered diversion for a first offense felony, talk to a criminal law attorney in your county before making a decision so they can review the facts of the case to determine the appropriate course of action. Fourth, if you mean that you were actually convicted of a felony, you need to keep clean and wait the statutorily mandated time before you're eligible to vacate ("expunge") the felony. I am not aware of a diversion class or program being a requirement for this unless you are trying to vacate in court, not through the WSP, and the judge orders it before she considers vacating the conviction. But it's not statutorily mandated. Finally, if it was a misdemeanor theft conviction and you complied with the terms of the court's conditions, you are eligible to vacate in 2 years since discharge or termination of probation (case being officially closed) as long as you have not received a subsequent charge. Again, I emphasize that your question is full of inconsistencies and uncertainty, such as felony/misdemeanor or pre/post conviction. I strongly advise that you contact an experienced criminal law attorney in your jurisdiction who can find out the true facts and advise you properly. Most lawyers offer free consultations as does my office.
Answered on Mar 18th, 2013 at 9:10 PM

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Auto Accidents Attorney serving St. Paul, MN at Arechigo & Stokka, P.A.
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Yes, you should qualify for an expugement given the circumstances you described. A number of court houses have self-help centers with the forms you can fill out. You can also visit mncourts.gov and find the expungement forms online along with instructions for pursuing an expungement.
Answered on Mar 18th, 2013 at 9:08 PM

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