California Expungements Legal Questions

You may be able to get the case dismissed, but it would not be effective for state, local, county employment or for licensing boards to whom you will still have to disclose the conviction. Also, if you are charged with theft in the future even a petty theft could be charged as a felony petty with a prior.... Read More

Possession is not one which will normally can be effectively sealed. It is not something which can be reduced to a misdemeanor unless it was a marijuana case. So it will be on your record for most purposes. If you can't get to the case neither can people checking your record except for police and DA's.... Read More

You've listed your question under "Expungements," however there is nothing to expunge since there is no conviction. It is possible that CVS will handle this as an internal matter. I wonder what was on the paper you signed.  It may have simply been an agreement to stay out of the store in the future, and that would be a good idea anyway.  Or, they may turn it over to the police at a later date. The District Attorney has up to one year to file. In the mean time, you have no arrest and no conviction.   Petty Theft carries a maximum sentence of 6 months County Jail in California, Fines, and Probation.  Given the small amount of value involved, and your otherwise clean record, it is unlikely, in my view, that you would do any jail time. You might get a fine of a couple of hundred dollars and some probation.  The District Attorney could also reduce it to an infraction, a non-criminal offense carrying only a fine.   If you get a notice from the court, the district attorney, or the police, take it seriously and contact a local attorney to get further information about what is best to do.  Under no circumstances should you talk to any authority or investigator on your own.  What you say "can and will be used against you in a court of law."   My office is in Hayward and I handle Hayward Petty Theft cases and Alameda County Petty Theft cases on a regular basis. If you are in Alameda County, you are welcome to call me. I do not charge for an initial consultation. If you are in some other county, most criminal attorneys will speak to you at least once without fee. Take advantage of that.   Louis J. GoodmanAttorney at Law1290 B Street, Suite 307Hayward, California 94541510.582.9090www.louisgoodman.com    ... Read More

It could but the best thing to do is have the new York authorities expunge the conviction from their rap sheet database. thats what is done here with a petition for factual innocence when its correctly followed up on after being granted otherwise you are left in a position arguing with authorities who are not receptove to helping you in such a situation.... Read More

This is complex and you cannot get legal advice for this over the web because of the legal research involved. However, the first step is to determine whether the statute you were convicted of is a lifetime ban on possession. Step 2 would be to see if your felony could be reduced to a misdemeanor. Step 3 would be expungement which many judges would be hesitant to grant despite what is in the statute. Also it is easier to expunge a misdemeanor than a felony.... Read More