QUESTION
Is there any way I can get a misdmeanor petty theft off my record?
Asked on Oct 01st, 2012 on Criminal Law - Georgia
More details to this question:
I committed a dumb mistake I was at JC Penny’s and I saw a shirt I really liked. It was about 23 dollars and I put it in my cousin’s bag. The shirt had no tag so I didn’t think it would be a big deal. I got caught and I got arrested, they took my finger prints and picture I just turned 18 two weeks ago and I am worried of it being on my record. I have court next month and I don’t know what to do or say. Is there any way the judge can dismiss the case or not have it on my record. I have nothing on my record I am an A student and I have a lot of volunteer experiences. I am currently going to college and majoring in criminal justice it was a stupid mistake and I am never doing it again can someone please help?
19 ANSWERS
Michael J. Breczinski
Well the first thing is to go get a lawyer. That person may be able to work out something where you end up with no record.? This is NEVER a minor offense. Even if you were not planning to go into law enforcement, ask yourself this question: "What employer wants to hire a thief?"
Answered on Oct 03rd, 2012 at 5:29 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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The court should have a number of first offender programs available where you can come out of this with no record, HYTA, deferred sentencing, delayed sentencing, plea under advisement, etc.
Answered on Oct 03rd, 2012 at 5:28 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the amount allegedly stolen, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. Only the District Attorney can reduced charges, drop charges or refuse to prosecute a case. I strongly 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 arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 03rd, 2012 at 5:27 PM
Dennis P. Mikko
You could ask the court if they have some type of diversion program for first time offenders. If they do not and you are convicted, it will be on your record. After 5 years you could motion the court for an expungement.
Answered on Oct 03rd, 2012 at 5:27 PM
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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Are you in Rhode Island? This case may be resolved with a filing or a dismissal based on the facts presented.
Answered on Oct 03rd, 2012 at 5:27 PM
If this happened before you turned 18 you can file a motion to have the record sealed and then destroyed five year after that. If it happened after you turned 18 you and your attorney will have to try to work something out with the DA as a plea bargain. This type of matter is very fact specific and cannot be handled in this forum. Consult with an attorney in person about your options.
Answered on Oct 02nd, 2012 at 6:01 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Since you have not yet been convicted, it is possible that the court may grant you a pre-trial continuance or a diversion. These things probably mean nothing to you, but they would prevent the conviction from being a permanent part of your record. My advice: Hire an attorney. Do not do this on your own. I hope you have learned from this and are not saying this because it sounds right. You did something very stupid. A conviction could really mess up your college career and disqualify you from federal educational loans. Further, it can certainly negatively impact your ability to get a job as no one wants to hire a person they can't trust. You made one stupid mistake. Don't compound it by trying to handle this without the benefit of an attorney.
Answered on Oct 02nd, 2012 at 5:59 PM
Thomas Edward Gates
It is highly unlike you can get the charges dropped. After you have completed all of the terms of your sentencing, you can have your record expunged.
Answered on Oct 02nd, 2012 at 5:59 PM
If you were 17 when you committed the offense, you were a minor then. After your case is over, your records should be sealed now that you are 18 and legally an adult. If you were 18 when you committed the offense, you must go through the criminal justice system as an adult. As an adult, you have all the constitutional rights any adult accused of a crime has. This includes the right to a presumption of innocence which requires the prosecution to prove each and every element of the charged crime beyond a reasonable doubt. If the evidence against you is not strong, you could be acquitted or even get the charges dismissed. Of course, if you aren't convicted there will be no conviction on your record. If you are convicted and sentenced to probation with no jail time and you complete your probation without violating any of its terms, you can move to have the record of your conviction expunged. Consult an attorney.
Answered on Oct 02nd, 2012 at 5:58 PM
Criminal Defense Attorney serving Grosse Pointe Farms, MI
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Gary M. Wilson
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Hire a lawyer. There are definitely ways to keep that off of your record. NEVER go to court without a lawyer.
Answered on Oct 02nd, 2012 at 5:57 PM
Petty theft is a crime of moral turpitude, and having it on your record means you can kiss your school/career aspirations goodbye. You should invest in a good lawyer, or regret for life.
Answered on Oct 02nd, 2012 at 5:57 PM
Leonard A. Kaanta
Unless the conviction is expunged after 6 years, it will remain on your record. Your may be able to get a delay of sentence in return for pleading guilty.
Answered on Oct 02nd, 2012 at 5:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If you cannot afford to hire private counsel, the public defender might be appointed for you. You will probably be offered a deferred prosecution agreement, whereby you will pay costs and fines, attend a class, complete community service hours, and basically be on probation until you complete everything, then the case will be dismissed. After the case is dismissed you can probably get the records sealed and perhaps later expunged. Good Luck. The best thing to do is hire private counsel to negotiate for you.
Answered on Oct 02nd, 2012 at 5:55 PM
You need to hire an attorney to represent you to keep this off your record. Depending on which court this is in, and also depending on whether you have prior convictions for theft, it's very possible that your attorney can get the charge reduced to "Littering" and you won't have to go to court, just pay a fine and court costs.
Answered on Oct 02nd, 2012 at 5:55 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Try and get a plea bargain or something called a pti.
Answered on Oct 02nd, 2012 at 5:54 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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With all that's on the line, the bottom line is you need an attorney. There my be legal defenses, factual defenses or alternatives that can potentially avoid a conviction.
Answered on Oct 02nd, 2012 at 5:54 PM
It'll take five (5) years with a clean record otherwise you cannot expunge it at all.
Answered on Oct 02nd, 2012 at 5:54 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Expungement provided your state permits this action.
Answered on Oct 02nd, 2012 at 5:53 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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It's not getting dismissed. Hire a criminal defense lawyer.
Answered on Oct 02nd, 2012 at 5:53 PM