Can I expunge a misdemeanor theft in California? 9 Answers as of November 07, 2011

How do I go about getting my 2 misdemeanor theft charges expunged from my record. I live in California.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. Each county has a different procedure and it can be done with or without an attorney. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 11/7/2011
Law Office of Evan E. Zelig
Law Office of Evan E. Zelig | Evan E. Zelig
Yes, misdemeanor theft charges may be expunged from your record in most cases. It would depend on your other criminal record, your performance on probation, and other factors - but generally they can be expunged from your record.
Answer Applies to: California
Replied: 5/4/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Go to the clerk's office in the court where you were convicted and they will show you how to do it.
Answer Applies to: California
Replied: 5/4/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The web site for the court has the forms link.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The Motion to Dismiss is pursuant to Penal Code section 1203.4 Contact your local Public Defender's Office, or hire an Attorney, or check with the Clerk's Office of your local courthouse for further direction.
Answer Applies to: California
Replied: 5/2/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You can actually pick up the packet from the clerk's office and do it yourself. However, it is obviously better if you have the help of an attorney. Most attorneys charge a flat fee for the process. I do them often; feel free to call me if you're in San Diego.
    Answer Applies to: California
    Replied: 5/2/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you have sucessfully completed probation, and are not currently on probation for anything else, and having no criminal matter(s) pending, you are eligible. Contact an attorney, who will file the petition for you and conduct the expungment hearing.
    Answer Applies to: California
    Replied: 5/2/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you were on formal probation you can usually get your probation officer to do it. But if you were only on court (summary, non-re-porting) probation you can do it yourself by looking at Penal Code 1203.4 If you have no money you might be able to talk the Public Defender into doing it. Otherwise you will most likely need to hire a lawyer.
    Answer Applies to: California
    Replied: 5/2/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, probably. Many felony, misdemeanor and infraction convictions can sometimes 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 it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.

    Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 5/2/2011
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