What are the chances of getting shoplifting expunged from a record?

Question

Does a 19 year old with no record need a lawyer for a shoplifting charge of less than $70.00? What are the chances of expungement? Do we need a lawyer so it wont stay on his record?

Jeffery Cojocar · Answer

Yes you need a lawyer and we can keep it off of his record.

Thomas Tomko · Answer

Thank you for your inquiry  From your description, if this is the only matter on your record and there have been 5 years since the incident, then you may qualify for an expungement.  You should consider hiring an attorney to get you through the process.  It needs to be conducted in the court where the original case was heard.  In District Court, the entire process should be completed for less than $1,000.  If your original case was in Macomb, Wayne or Oakland Counties, you may contact this office for an appointment.  I hope that this was helpful.

Jacob P. Sartz · Answer

My first advice would be to obtain an attorney to assist you with this  matter.  You may be eligible to expunge that prior conviction. However, you'll probably  have to wait a few years first.    Expunging a crime in Michigan is complicated. This response does not contain  specific legal advice.  If you need specific legal advice for your own  circumstances, I  recommend consulting with an attorney experienced with these  types of  matters. Most attorneys provide free initial consultations.   Speaking in  general terms, there are several significant obstacles to getting   offenses expunged in Michigan.   Expunging  a criminal charge is great way of clearing up past mistakes. However,   there are a series of obstacles. First, an applicant must only have one,   single, count or charge, whether it's a misdemeanor or felony. If a  person has  more than one conviction on their record, whether it was  multiple counts from  the original case, or separate convictions, they  are not eligible. Second,  certain offenses cannot be expunged. Traffic  offenses for example, even  something as simple as driving on a suspended license,  a lot of high level or  capital felonies, and other  offenses as listed in the applicable statutes,  cannot be expunged. It  depends on which offense is currently on the person's  record.  Additionally, even if a person only had one offense, if they had issues   with probation, i.e., probation violations or other infractions while serving  their sentence, that may be obstacle  as well. There is also a time limitation.  Any effort to expunge an offense  cannot commence until five years after the  date of conviction.  Lastly,  expunging an offense from a criminal record takes  time, requires a lot of paperwork, carries some notable costs,  and eventually,  applicants need to appear before a judge and convince  the judge that they are  worthy of having the offense expunged in order  to complete the process.

Cynthia Henley · Answer

The case can only be expunged if it was dismissed or result in a not guilty after a trial (or if the person was charged with a Class C & got deferred disposition or deferred prosecution - the equivalent of a reset.) If so, the person does need to hire a lawyer because the process is complicated and involves filing a lawsuit in civil district court.  If the person got a deferred adjudication probation for a Class B (which would be the proper charge based on the amount) and successfully served it out, then they are eligible to apply for nondisclosure (sealing of the record.) It is best to use a lawyer for this effort because it is not guaranteed.

Kevin Michael Smith · Answer

If the charges are still pending, then yes you should hire an attorney as he or she may be able to get the charges disposed of without it resulting in any sort of criminal record.  On the other hand, if the case has already been disposed of and the person has a conviction for the shoplifting (likely a larceny 6th degree), then he or she would need to wait three years before applying for a full pardon, although a provisional pardon could be applied for now.  It would be best to hire an attorney to handle the pardon process.

Eric Sterkenburg · Answer

If it was a misdemeanor and all the probation requirements an expungement should be available. You can do this yourself. However, an attorney would greatly help.

Steven D. Dunnings · Answer

There must be a conviction in order for there to be a record to be expunged. Based on your question and this response to your question, it seems obvious that you need a lawyer.

Craig Elhart · Answer

Whether or not the person is convicted will depend on whether the prosecutor can prove the charge beyond a reasonable doubt.  If convicted, after 5 years a motion could be made to expunge it from the record provided there are no other charges on the person's record.

Roianne Houlton Conner · Answer

Alabama does not have an expungement statute.

Michael J. Breczinski · Answer

Yes get a lawyer. They often can work out something where if the person does everything the court wants and stays out of further trouble the matter ends up not being on the record. DO NOT PLEAD GUILTY RIGHT AWAY you lose all bargaining power.

James Schoenberger · Answer

A misdemeanor can be expunged three years after completion of all conditions of the sentence. You do not need a lawyer to do this, but it may be easier to do so with one.  j

Dennis Roberts · Answer

He will probably just get a fine - assuming this is charged as a misdemeanor.  But expungement does NOT wipe his record clean. It just allows him to say he  was never convicted. However, any employer can get his police record. Most  employers today ask you to sign a waiver to let them get the record. A kid with  a record of theft will have trouble getting a job. In this cse you might  justconsider hiring a lawyer in the hope that he can get the DA to drop the  charges.

David Lee Smith · Answer

Shplifting $70.00 should be a misdemeanor.In either case, after successful completion of the probation period you can get the expungement form from the clerk's office and pay the fee.The court will grant the 1203.4 expungement.READ THE ORDER CAREFULLY for the rules of when you have to disclose the crime and when you don't.

Jared Altman · Answer

Yes. You must have a lawyer. There is no expungement in New York State. Depending on the plea bargaining guidelines of the local prosecutor you may indeed end up with no criminal record. Yes, you will need a lawyer to get that disposition.

Stephen Freeborn · Answer

You do not say whether or not you have already been convicted.  When you use the word "expunged" it implies that you have already been convicted, otherwise there would be no reason to have it removed from your record because until conviction, it is not a part of your criminal record. Assuming that you are in the early stages prior to conviction, a couple of points you need to carefully consider. First is age.  At 19, you are an adult. Then you attempt to minimize the crime by saying that the amount stolen was less than $70.00.  This is relevant only to the extent that it is not to the level to make it a felony.  Shoplifting is a gross misdemeanor, punishable by up to a year in jail and a $5,000.00 fine.  Will you get jail time? It depends upon the facts of the case and your record. Can you keep this off your record by not hiring an attorney? Probably not, as there are many different scenarios and plea agreements that might be had, but you need an attorney to help you through this. You should also consider using an attorney for other, probably more far reaching reasons. You say you are 19.  Assuming you are going to college, a conviction could prevent you from attending many colleges and eliminate you from scholarships and grants.  If you are already in college, and receiving scholarship money, you could loose your scholarship. A theft conviction (shoplift) could also disqualify you from many job opportunities, especially any job where you might be handling money.  Theft/shoplifting is a crime of dishonesty.  Think about it.   Representing yourself in court is like operating on your self.  If you want any chance of getting through this, hire an attorney. 19 is a little young to have a theft conviction on your record.

Jeff Yeh · Answer

First of all, expungement is what happens "after" a conviction, and only after you have completed probation (which could be many years from now). Secondly, you definitely need a lawyer to try to reduce or dismiss the charge. Remember, petty theft is a crime of moral turpitude, so you if you have it on your record you can say goodbye to any kind of meaningful employment for the next 10 plus years of your life.

Robert Gigstad · Answer

On a charge like this if you are convicted it could be expunged from your record after 3 years.  Most misdemeanors can be expunged from your record after 3 years.  I would recommend hiring an attorney if you have not been to court yet.  Your goal should be to keep this off your record if at all possible, which would mean not getting convicted of the charge of shoplifting to start out with.  You have options besides just pleading guilty,  I would recommend you talk to an attorney in your area as soon as you can.

Joseph Dane · Answer

First let's get some terms straight.  An "expungement" (California doesn't have a true expungement law, but a dismissal that everybody calls an expungement) happens only after a conviction and successfully completing probation.  Your goal should be to avoid a conviction if at all possible.  Will that be possible without an attorney?  Probably not.  Either look for a local criminal defense attorney or apply for the public defender when you go to court.    Because the dollar amount is over $50, it's over the infraction level and you're looking at a misdemeanor petty theft charge.  I'm sure you're aware that it's nothing to mess around with.  It's time for a lawyer.

Robert Keates · Answer

The first step to ensure an Expunction is to secure a dismissal on the actual case.  Over $50 for a theft is typically a Class B, so I would suggest hiring an attorney  to ensure there is a dismissal on the Theft case and to then work on the Expunction after the waiting period (SOL).

Gregory Casale · Answer

There are two things going on here. One is the charge itself, the other is the CORI (Criminal Offender's Record Information). The charge itself is minor and the maximum sentence for a 1st offense shoplifting charge is no more than a fine. However, even though it is minor, it will create a record for him/her. There is no guarantee that an attorney will be able to get the charge dealt with without creating a record, but there is a far better chance with an attorney involved than without one. Personally, I would never go to court without an attorney nor would I advise a close relative or friend to allow their child to go to court without an attorney. The money that you save today will be long forgotten while that record stays with the defendant for life. Lawyer's aren't cheap, but they are usually worth it.

Jared Austin · Answer

You are eligible to apply for an expungement as long as five years has passed since either the date of the conviction or the day you were released from incarceration (whichever is latter) and you have no other convictions of any kind on your record including misdemeanors and juvenile adjudications. You can do the expungement on your own and many people have. It is mostly a lot of paperwork, getting fingerprinted, getting the proper documents and the proper amount of copies sent off to the correct agencies, etc. If you can follow directions and don't mind doing a lot of paperwork and mailing, then you should be able to do it. However, the one incident where I do tell people they should hire an attorney is if/when the prosecutor objects to your expungement. They can do this although it is rare but not unheard of. If that happens, you definitely need to hire an attorney. A lot of people retain an attorney simply because they don't want to mess with all the work and it gives them the satisfaction that it will be done properly. If the peace of mind is worth the extra cost of hiring a lawyer, then by all means do so.

Timothy Klisz · Answer

Expungement happens 5 years after a conviction and is not the way to go. Yes, having a lawyer can certainly help to keep the conviction off his record.

Jonathan Willett · Answer

A lawyer can help.  The key is to get a disposition called a "deferred judgment."  After the period of deferment is over, his record can be sealed.

Eric Rothstein · Answer

New York does not expunge records. However, a good lawyer can get something that will lead to dismissal and sealing. In addition, if its just shoplifting, it's a misdemeanor, not a felony. If it's a felony, that means force was used and the charge is robbery.

Mark Cogan · Answer

Anyone facing a criminal charge would be smart to have a criminal defense attorney on board. There is much that a savvy attorney can do.

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