Can I have petty theft removed from my record if I am not on probation? 22 Answers as of January 14, 2011

It is a misdemeanor it happened when I was 18 im still young and want to better myself and future what can I do?

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Law Office of Gregory W. Fox
Law Office of Gregory W. Fox | Gregory W. Fox
Yes. You can file a motion to dismiss with the court pursuant to Penal Code section 1203.4. Check the court website in your county for information on filing the motion or contact an attorney for assistance.
Answer Applies to: California
Replied: 1/14/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
What you seem to be asking is, can you expunge a misd conviction once you have completed probation. The answer is yes. Once probation is completed, and all terms of probation have been complied with, then the ability to expunge a criminal record is a right.
Answer Applies to: California
Replied: 1/13/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Yes. You can have your conviction "expunged" from your record, which mean the case will appear as dismissed on your record.

Feel free to contact our office with any further questions.
Answer Applies to: California
Replied: 1/12/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Yes, and it can also be dismissed.
Answer Applies to: California
Replied: 1/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rule: Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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 and employment because of your conviction. If you are serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 1/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, you can obtain a limited form of relief with a motion pursuant to California Penal Code section 1203.4. It is a 'Motion to Dismiss', sometimes called an "expungement". You can then say, after having had the motion granted, that you have not been convicted. You would still have to admit the conviction when running for public office, contracting with the State Lottery, applying for any type of State license and usually when undergoing security checks for governmental, military or law enforcement employment. There is usually a filing fee for the motion.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You can have a misdemeanor expunged after you have completed the probation requirements.
    Answer Applies to: California
    Replied: 1/4/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You absolutely can have such a conviction removed from your record, once you are off probation, either because you completed it or asked the judge to terminate it early and it was granted. This procedure is actually a "dismissal" of the case under Penal Code section 1203.4. Sometimes it is referred to as an "expungement", though that is not an entirely accurate term. The conviction can still be used as a prior conviction in the future and would still be in your California Department of Justice records accessible to DA's and cops. You can generally deny the conviction to private employers, though there are several exceptions. Notable exceptions include federal, state and local government jobs, applications to be a peace officer and other license applications, and contracting with the California State Lottery. It is important to get a qualified attorney to review your particular case and determine how you can answer these questions to avoid being in more trouble or risk losing a job.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Yes, that is possible. If you have a misdemeanor conviction on your record, but are no longer on probation and haven't had any new offenses it is likely that the case can be cleared from your record and "expunged." What county do you live in? This is something that you can do yourself and the local court would have documents for you to complete that process. You may also hire an attorney to handle the matter for you if you would like. But it is possible to have that misdemeanor conviction removed from your record.
    Answer Applies to: California
    Replied: 1/4/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can get the record expunged. It will not seal your record but rather show that the case was dismissed. I would speak to an attorney about what it can and cannot do for you.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    No, you cannot get the petty theft removed from your record. You can apply to expunge your record. This means that the arrest and conviction stay on your record for the rest of your life, but your record will also show that the crime has been expunged.
    Depending on the job you apply for, you may or may not have to list the petty theft. That is why people apply to get there record expunged.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Have the conviction expunged.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    If you completed all of the terms of your probation you can file a request to expunge the the offense from your record.
    Answer Applies to: California
    Replied: 1/4/2011
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    If you meet certain conditions, you can file to have the conviction expunged from your record.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you have successfully completed the entire term of probation, then you can hire an attorney to file an expungement petition with the court. If granted, the conviction is removed from your record.
    Answer Applies to: California
    Replied: 1/4/2011
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    Yes - an attorney can motion the court to expunge your conviction if you have met all probation requirements.
    Answer Applies to: California
    Replied: 1/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to have misdemeanor charges expunged. Call me to discuss. I can help you with it.
    Answer Applies to: California
    Replied: 1/3/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes. You can ask for an expungement.
    Answer Applies to: California
    Replied: 1/3/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you successfully completed probation (or were never given probation in the first place you can get relief under Penal Code 1203.4 Google California Penal Code and read it. The trouble with that relief is that it does let you say you were never convicted but with all that crap on the internet a prospective employer will find it and most places require you to sign a waiver allowing them to see your record. Best thing to do is get the 1203.4 relief and then when you apply for a job tell the boss, "yes, many years ago I did a very stupid thing, I ......." but I have long ago learned my lesson and I pray you will give me a chance to show you how I have rehabilitated myself. Good luck
    Answer Applies to: California
    Replied: 1/3/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    Yes, you can petition the court under Penal Code section 1203.4 to have the case dismissed if you successfully completed the probation that you were previously on.
    Answer Applies to: California
    Replied: 1/3/2011
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