Can I get a 6 yr old petty theft misdemeanor off of my record? 7 Answers as of February 12, 2013

I was convicted of a petty theft misdemeanor six years ago at the age of 18. I've already done the community service and have gotten it expunged but that's been of no help whatsoever. It's been extremely difficult finding a job and even after doing great in school, I am now finding out that some of my college applications are at risk of being turned down because of it. Is there any way I can have it sealed or dismissed after these six Long years? The amount was under $50, and the store from which I stole is no longer in business! I really have no other criminal history and really regret being such a naive and careless teenager.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT clear , 'remove', erase or disappear the conviction. Nothing will. Records are forever . Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. 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.
Answer Applies to: California
Replied: 2/12/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is real way of getting it removed from your record. But there is something called an expungement where the case is dismissed after the fact so you do not have to report it as conviction on private job applications (does not apply to government positions or licensing issues). Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a misdemeanor offense like petty theft. An attorney could help too. 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.
Answer Applies to: California
Replied: 2/11/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Go to the court where you received the conviction, ask the clerk about the procedure to have your conviction expunged. After it is expunged it will still show up with governmental agencies and police, but private employers will not find it. You can truthfully say you have no criminal convictions.
Answer Applies to: California
Replied: 2/11/2013
Anyiam Law Firm, Inc. | Christian U. Anyiam
You should apply for "Expungment". Contact a criminal defense lawyer in your area.
Answer Applies to: California
Replied: 2/8/2013
Steven Alpers | Steven Alpers
You cannot get it totally removed. You must file a 1203.4 petition, but you must disclose the conviction, even after it is granted, on employment applications to the federal, state, county or municipal government and any state licensing agencies. Most job applications in California are only able to ask about felony convictions, unless it is somewhere like a bank which deals with money. School applications, probably should not be asking about misdemeanor convictions, however you cannot have drug convictions and get financial aid.
Answer Applies to: California
Replied: 2/8/2013
    The Law Office of Jared Eisenstat | Jared Eisenstat
    You need to contact an attorney, such as myself, to file a motion with the court to get your case dismissed.
    Answer Applies to: California
    Replied: 2/8/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Doesn't sound like it. If you've already had it expunged, then what's the problem? An expungement DOES dismiss the case. After an expungement has been granted, you can honestly state on a job application that you have no criminal convictions on your record. You do not need to disclose this when you go in for interviews (for most jobs. There are exceptions if you're applying for any job that is licensed by the state).
    Answer Applies to: California
    Replied: 2/8/2013
Click to View More Answers: