Is there a way to get a grand theft felony charge taken off my record if I was a minor at the time?

Question

When I was 15, I went to a friend’s house and we sprayed the fire extinguisher that hung in his apartment. The manager of the apartment called the cops and we got a felony for grand theft fire extinguisher. Every since this happened to me, I have not been able to go to college, even though I qualify otherwise. I also have been rejected from jobs due to having a grand theft charge. Right now I am jobless and I want to go to college. Is there any cheap way to get this charge dropped? If not then can I sue the state for giving a child such a harsh charge when I never actually stole anything, I was just being a kid?

George Derieg · Answer

If you were a juvenile when the conviction occurred, I don't understand why you can't go to college. You should petition to have your record sealed, and request an expungment on top of that. I don't think you can sue the state for a harsh charge, so much as you can sue the fire extinguisher for allowing it to be stolen.

Leonard A. Kaanta · Answer

If it was over six years ago, you probably can get it expunged.

Michael J. Breczinski · Answer

Were you cahrged as an adult or a minor?  If you were cahrged as a minor then why is it being rpeorted to these people?  If as an adult, then you should be able to ask for it to be expunged if 5 years have passed and no other trouble.

Larry Dunn · Answer

Unless your were certified as an adult at the time of your offense, there   is a juvenile adjudication and not a criminal conviction. Your juvenile  record  should not be public information available to employers. You can contact  an  attorney who practices in sealing records to explore having your  records sealed.

Dennis P. Mikko · Answer

First, if the matter was handled in juveniile court, you do not have a felony. You could petition the juvenile court to expunge the record.

Mark Smith · Answer

If you were a minor at the time it is not on your record. Juvenile records   are not accessible to the general public.

Susan Correia-Champa · Answer

Yes, you would need to request the court to seal your record.  There are very specific requirements to to sealing your record.  As long as you currently have nothing since that incident I think you should contact an attorney I beleive it would be well worth your effort to have the record sealed.

Jared Winter · Answer

You should try to get your juvenile record sealed.  You can try to do this on your own, or better yet, you can hire a lawyer to take care of it.  If you want to check into it, start by contacting the probation department of the county you were convicted in.  Call them and tell them you want to have your juvenile record sealed.  The process usually involves filling out some paperwork, paying a fee, and going to a court hearing.

Jared Altman · Answer

Did you have other trouble with the police? I don't see why you didn't get youthful offender treatment.

Francis Cowhig · Answer

It may be possible to have the charges expunged or the record sealed by the court.  I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze you case and advise you of your options.  With regards to suing the State - probably not.

Gregory Crain · Answer

Juvenile records are supposed to be sealed.

Steven Alpers · Answer

You should go to the juvenile court where you were convicted and get a petition to seal the record.  Juvenile records are not usually available to the public so I do not know why you have had these consequences.

Terry Nelson · Answer

If the charges were in Juvenile Court where there are no  convictions of minors, only  findings, then it might be possible to have it sealed.  If so, contact me.  However, it sounds like you were charged and  convicted  as an  adult  in Superior Court.  If so:   While the general rule is  Records are forever, some CA convictions 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 all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.  Sounds like yours may qualify.    If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT  clear, 'remove',  erase  or  disappear  the conviction, but does change the record to show an arrest with 'conviction reversed and dismissed by expungement'.  The conviction is still a 'prior' or 'strike' for purposes of repeat offenses.  That record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc.  Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may  legally deny that you were arrested or convicted of the offense.  However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury.

Austin Hirschhorn · Answer

If you only have one conviction on your criminal record it is possible to have it expunged.  If you were 15 at the time of this offense you would have been eligible for Holmes Youthful Trainee relief or prosecution as a juvenile.  I am afraid there is a lot you have not put into the description of what happened when you were 15 and why you were prosecuted as an adult. There is no cheap way to get this conviction taken care of.  You cannot sue the state because of the governmental immunity laws if the police and prosecutor were doing their jobs.  I suggest that you hire a criminal attorney and tell him all of the facts and he might be able to help you.

Clayton Lockhart · Answer

In Mississippi you can have this charge expunged from your record so that you can qualify for educational loans, grants, etc., and also so you can qualify for jobs that you otherwise would not be able to have with a felony conviction on your record.

James Osak · Answer

If you have a CLEAN record since this fire extinguisher episode.  It's called an "expungement."  It'll cost you around $500 with an attorney.

Michael Palumbo · Answer

First off, you had to have had an attorney and I cannot understand why your attorney would have you take a felony rip if what you say is true - there is youthful offender status, family court options, etc. You are leaving something out. Nonetheless, you can move the trial court to vacate the sentence for various reasons, but you are looking at substantial legal fees.

Barbara A. Fontaine · Answer

I do not know what state you live in.  In RI this would be a Family Court matter and the matter would be sealed from public. Maybe try the Public Defender's office and they can either help you or give advice as to what to do in your state.  Good luck.

Stephen Freeborn · Answer

When I sit as judge and I talk to the  people that come before me, I tell them that the most important word in the English language is "consequence"; that you can do anything you want, good or bad, as long as you are willing to accept and live with the consequences of your decisions.  You made a very bad decision and now you are being forced to live with the consequences, and more so, you are now looking to blame someone else (ie: sue the State for giving a harsh charge to a kid... that you were just being a kid).  You were convicted of a charge.  The prosecutor had evidence that you violated  the law and the evidence fit the charge.  The charge was based purely upon your actions.  More so, in order to obtain a conviction, the State (prosecutor) had to prove every element of the crime "beyond a reasonable doubt". Based upon the conviction, it is clear that the State met its burden.              Having said this, you may be able to get it off your record, but I would need to know your criminal history and whether or not you have had any violations of the law since this incident.  Generally, there must be a passage of at least 5 years from the time you completed all court obligations and were released from probation of the case at issue.  If this is the case, you may petition the sentencing court and see if the judge will remove it.                You want to do this cheaply.   You don't define what you mean by "cheap".  If you mean less than $1,000.00... doubtful.

Russell Pietryga · Answer

First, it appears that you were convicted as a juvenile.  That means, you can expunge and seal the records.  Expungement: You may petition the court for the expungement of your juvenile record, if you are at least 18 and 1 year has passed from the date of: (1) termination of juvenile court jurisdiction; or the your unconditional release from the custody of the Division of Juvenile Justice Services.  Sealed: An agency receiving the expungement order must seal or otherwise restrict public access to the records in its possession or expunge all references to the petitioner's name in the record.  Note, to have the records of government agency sealed, the petitioner must deliver a certified copy of the expungement order on the agency.  This should solve your problem.  Hope this helps.

Bernal Ojeda · Answer

You have a certain amount of time to seal your juvenile record. I don't know how old you are now but you may be time barred from sealing  your record.

Dean Valente · Answer

Not sure how malicious mischief got charged and convicted as grand theft nothing was stolen. Maybe MDOP at worst.  two ways, once you turn 18 ask court where conviction was entered to seal your record as a minor or once 5 years have passed, petition court for expungment of the conviction from your record...only works if no other criminal convictions on record INCLUDING driving misdemeanors.

John Brennan · Answer

I need many more details.  If you qualify it is not terribly expensive to have a felony expunged.

Gregory Casale · Answer

In MA you can seal your record after 10 years for a felony or 5 years for a misdemeanor. Contact the probation department of the court where you were charged. If it requires more than just completing a form, I would recommend that you retain an attorney to assist you. Some circumstances are automatically allowed, some require a judge's approval. If it is just completing the form and submitting it, you can save yourself the legal fees.

Robert De Groot · Answer

You need to consult with an attorney about getting the records expunged, if that is at all possible. As long as you were not convicted, that is if adjudication was withheld, you can pay $75 to FDLE for a certificate of eligibility, and $750 and up to an attorney to get this done.

Matthew Kober · Answer

As long as you are eligible you can get it expunged or sealed.   Eligibility is based on the total number of offenses, time that has passed, and whether any of the offense are not eligible.  Generally speaking if you don't have more than 6-7 charges and non of them are alcohol, sex, or violence related, you can get it expunged or sealed.

Timothy Klisz · Answer

Assuming this is your only conviction ever and it's over 5 years old, you may be eligible for an Expungement.

Jason P. Kutulakis · Answer

You should consult with and retain an attorney to review your case for expunction or pardon.

Stuart Nachbar · Answer

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c. 77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24:4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b. (4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c. 26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c. 26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

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Is there a way to get a grand theft felony charge taken off my record if I was a minor at the time?

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