How can I erase a theft background? 49 Answers as of October 31, 2011

I have theft on my background and of course it was foolish of me to begin with. However, now that I'm looking for work it is coming up when potential employers do a background check. I can get an interview but as soon as they check the background they back out of hiring me. I really want to erase this foolish act ASAP. Please help.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can hire an attorney to try to get it expunged.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
New York does not have an expungement statute. Once you have been convicted of a crime it cannot be erased and you will have a problem finding a job as employers are reluctant to hire people with criminal records.
Answer Applies to: New York
Replied: 9/2/2011
The Grundy Law Firm, PLLC
The Grundy Law Firm, PLLC | Elvin Grundy
Arizona Revised Statutes Sections 13-904 through 13-908 provides a pathway for getting felonies or misdemeanor guilty convictions discharged from your record: Given the horrible economy and the use of pre-employment screening tools, filing a well-pled application with superior court for release from the disabilities associated with a conviction, is something you want an experienced, and affordable law firm to effectively prepare on your behalf. Do not delay your fresh start on life. Contact us today.
Answer Applies to: Arizona
Replied: 8/30/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You can have it expunged. Either retain an attorney or go to the court where you were convicted and ask someone in the clerk's office how you can do it.
Answer Applies to: California
Replied: 8/30/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under current Minnesota law, a statutory expungement is not available where there was a conviction on the offense.
Answer Applies to: Minnesota
Replied: 8/29/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You may be able to get the conviction expunged. You should consult with an attorney to see if your conviction would qualify under the statute.
Answer Applies to: Kansas
Replied: 8/29/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no law in the State of Alabama that provides for expungement of convictions. There has, in the past, been an expungement bill pending in the Alabama legislature but it yet to pass.
Answer Applies to: Alabama
Replied: 8/29/2011
Jacob P. Sartz IV., Attorney at Law
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
You may be able to expunge that offense under Michigan law if it's your only conviction. However, the process takes time. I'd recommend you contact an attorney if it's your only criminal conviction and it's been more than five years since the date of your conviction.
Answer Applies to: Michigan
Replied: 8/29/2011
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
You may seek expungement of a misdemeanor three years after completing the sentence and all conditions of sentence and after five years on a class C felony. See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecord
Answer Applies to: Washington
Replied: 8/29/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is possible to have your conviction expunged if you meet the requirements; You completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and are not currently charged with a crime. If the conviction is expunged you can lawfully state that you have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. However, order does not relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."
Answer Applies to: California
Replied: 8/29/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Depending on your conviction(s) and what you were sentenced to, you may be able to either have the conviction set aside or receive a pardon.
    Answer Applies to: Nebraska
    Replied: 8/26/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You have to file for an expungement. If the DA doesn't object you'll get it. If he does you'll have to have a hearing to let the judge decide.
    Answer Applies to: Louisiana
    Replied: 8/26/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    In Nebraska there is no provision to erase your crime from your record. You may be eligible for a set-aside or a pardon but that is all that is allowed if a person pleads guilty or is convicted.
    Answer Applies to: Nebraska
    Replied: 8/26/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can petition the court where you were convicted to expunge your record, but that is only if you do not have other criminal convictions whether felonies or misdemeanors.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    I would advise hiring an experienced criminal defense attorney to file a petition for an expungement. If you are successful on the petition, the court will seal the courthouse file, and depending on the circumstances of the case, may also seal all records regarding your arrest, fingerprints, photograph, etc.
    Answer Applies to: Minnesota
    Replied: 8/26/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    There is no way to "erase" a criminal record for anything. You can apply for an expungment if your probation is over. That would at least allow you to say on a private job application that you have not been convicted of a crime. However your automated criminal history would have the entire chronology of your case available to law enforcement and anyone to whom you give access to it. I would contact an experience certified criminal law specialist for advice on how best to proceed.
    Answer Applies to: California
    Replied: 8/26/2011
    John V Commons, Attorney at Law
    John V Commons, Attorney at Law | John Commons
    Convictions cannot be expunged from criminal records. However, there is a new law that will allow for records to be sealed from access by the general public, such as prospective employers. You should hire a lawyer to look into your situation to determine if you are eligible for that procedure.
    Answer Applies to: Indiana
    Replied: 8/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Alabama does not have an expungment statute.
    Answer Applies to: Alabama
    Replied: 8/26/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If more than 5 years have passed since conviction and there is only one offense, you could file a motion with the court where the conviction occurred seeking an expungement. The decision to expunge is up to the court.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Google California Penal Code and look at PC 1203.4. That's the expungment statute. The problem is that it doesn't make the conviction go away, it just notes under it that relief was granted under PC 1203.4 It used to be that prospective employers paid cops to get your rap sheet. Now it is a crime so they simply make you sign a waiver allowing them to get your rap sheet. The only value 1203.4 has is that if you get hired without them checking your rap sheet and later discover the case, they cannot fire you for lying when you say youhave never been convicted of a felony as 1203.4 allows you to say it. But if they check you won't get hired in the first place. It is fucked, but that's the system.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    You need an attorney. If in Metro Detroit area, feel free to call me.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    After a certain period of time crime free you can get the conviction vacated. Five year minimum. A lawyer can help you with this and some courts and prosecutors assist sometimes as well.
    Answer Applies to: Washington
    Replied: 8/26/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you have successfully completed probation, and not currently on any other probation, and have no criminal case(s) pending, you are eligible for expungement. Contact a lawyer to file the petition for you.
    Answer Applies to: California
    Replied: 8/26/2011
    Jon M. Carter, Attorney at Law | Jon M. Carter
    You need an attorney for this. Background checks run through the Oklahoma State Bureau of Investigation (O.S.B.I) A true Expungment of your record can Only go through them. They have their own attorney who reviews all requests. And she is actually a very nice lady. But, the conditions you must meet for an expungment of your OSBI record are very tough. Most clients are Not eligible - short of a pardon from the Governor. No way you can even attempt this without a good criminal defense attorney.
    Answer Applies to: Oklahoma
    Replied: 8/26/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    Whether you can clear your record will depend on a number of factors, including the outcome of your case, your criminal record, and whether you are currently under court supervision. Many attorneys offer free eligibility evaluations, including at www.ExpungeRecordFlorida.com.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I'm sorry to have to be the one to tell you that you will not get it off your record.
    Answer Applies to: New York
    Replied: 8/26/2011
    Law office of Michael Morgan, l.L.C.
    Law office of Michael Morgan, l.L.C. | Michael Morgan
    go to www.washingtoncriminallawreview.com for a detailed answer to your question.
    Answer Applies to: Washington
    Replied: 8/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Depends on your age and the age of the offense. I have never lost an expungement case in 15 years of practice.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    If this is your one & only criminal conviction you may be eligible for expungement of your record. I have been very successful of doing this for many clients who have gone on to good careers because of the expungement.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Mark C. Cogan Law Offices | Mark Cogan
    We help clients with Oregon expungements all the time. To qualify, the conviction must be at least 3 years ago, you must have fully satisfied all requirements of the sentence, and have no other convictions in the past 10 years. Let us know if you desire our assistance.
    Answer Applies to: Oregon
    Replied: 8/26/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Only charges that have been completely dismissed can be sealed and the process takes several months. Go to the Colorado Judicial Branch website and locate the 'forms' and locate sealing records in criminal forms. You may also hire a lawyer to look into this for you.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    People often times never comprehend the full impact of the decisions they make until after the fact. It is very difficult to get a conviction expunged (removed) from your record, but in certain circumstances ,it can be done. Depending upon how old the conviction is, you may also try petitioning the court to see if they will allow you to withdraw your plea and convert it to a deferred sentence. This in essence may result in the case being removed from your record. You need to consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    How long ago was the conviction? If over 5 years ago then you may be eligible to expunge it. You also need it to be the only conviction (with a few exceptions) and you have to convince the judge you had been in front of that you should have a second chance. Get a good attorney.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You can seek an expungement. However, that does not remove the conviction or record of arrest. It just lets you tell any potential employer, except a governmental entity, that you have not been convicted.
    Answer Applies to: California
    Replied: 8/25/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Erasing a theft background is not possible in Colorado unless you were given and successfully completed a deferred judgment or the case was dismissed. You could also be pardoned by the governor.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The best remedy is to file a petition for expungement in the county where the offense occurred. Information on the process can be found on most county websites.
    Answer Applies to: Minnesota
    Replied: 8/25/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You have to go back to court. You have to wait 3 years after you have completed your sentence if it was a misdemeanor, longer if it was a felony. Even then, it might show up if an employer does a court record search. You may have to move the court to seal the file as well. That is a somewhat complicated process involving balancing the public interest vs . the individual's interests.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can file to have it set aside (a.k.a expunged) if it has been at least five years since either the date of the conviction or the day you were released from jail (whichever is later) and you have no other convictions of any kind on your record including misdemeanors or juvenile adjudications. You can file the application yourself but I would recommend retaining a lawyer to do it if you can.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    You are potentially able to get this off your record as far a private employers are concerned. You have to wait until you have successfully completed probation and then file a 1203.4 form which is available at the clerk's office. They also charge a fee.
    Answer Applies to: California
    Replied: 8/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted of the theft, that is, given any penalty greater than supervision, (available in Illinois only), the charge cannot be expunged or erased from your record. However, if the case was thrown out, or you were found not guilty, or granted court supervision, you can get it erased. There is a chance you can get the offense sealed, whereby no one can view this on your record, except the courts or law enforcement authorities. See the Clerk of Court in the county where the matter was handled for further information and instructions.
    Answer Applies to: Illinois
    Replied: 8/25/2011
    Green, Finch & Covington, Chtd. | John A. Boyd
    Under Kansas law, you can petition for expungement of the conviction after three years have passed since you were done with the case. If the conviction is expunged, then you are treated under Kansas law as if you had never been convicted (for the most part) and you can truthfully state on a job application "no" to the question regarding criminal convictions. An attorney can file a petition for expungement for you or you can file one yourself.
    Answer Applies to: Kansas
    Replied: 8/25/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    You maybe able to seal/expunge the conviction which would likely not allow the potential employers to view.
    Answer Applies to: Florida
    Replied: 8/25/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Unless this happened when you were under 18, it will always exist at some level. The best you can do at this point after a conviction is to seek a dismissal. It's commonly called an expungement, but it doesn't truly 'expunge' anything. It is a way for you to get a notation that your case was dismissed on your record so it doesn't show as a conviction any longer. Assuming you have successfully completed probation on your case, you should be eligible. If granted, it will allow you to tell most private employers that you have not been convicted of a crime. There are a few exceptions where it still must be disclosed but for most jobs, you can check the "no" box for any prior convictions. It's not horribly complex, but to make sure it's done right, see a local criminal defense attorney to get it done.
    Answer Applies to: California
    Replied: 8/25/2011
    The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
    It depends on what ended up happening with the case, if it was dismissed, you should qualify for an expunction, which destroys the records. If you have completed a deferred adjudication, you can probably get an order of nondisclosure, which seals the records for most purposes. If you were convicted (including regular probation and just paying a fine), you're probably stuck with it.
    Answer Applies to: Texas
    Replied: 8/25/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    You can't. You can seek to have it dismissed pursuant to penal code 1203.4. However, that does not remove it from your background check. It only adds a note indicating that the conviction was dismissed. Once a conviction is on your record, you cannot have it removed.
    Answer Applies to: California
    Replied: 8/25/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can't. Records are forever. They are the natural consequence of our behavior. However, many convictions can be 'expunged' from criminal records by proper application and petition to the court, but only if there was no felony prison time sentenced, 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. If successful, the conviction would be 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'. Expungement will help in obtaining and keeping employment. 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 applications 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.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Martina Vigil
    Law Office of Martina Vigil | Martina A. Vigil
    You may be eligible for an expungement - a 1203.4 motion. It is particularly important for a person such as yourself to get a petty theft charge dismissed because you are looking for employment. A 1203.4 effectively withdraws your plea of guilty, enters a plea of not guilty and your case is then dismissed. People who are eligible for a 1203.4 are those who have successfully completed the terms of his probation with no subsequent offenses. Also, a 1203.4 allows you to lawfully say you have never been convicted of a crime. If an employer runs a background check they will find a dismissed criminal charge, not a conviction.
    Answer Applies to: California
    Replied: 8/25/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There is a motion that can be made if you are no longer on probation per PC 1203.4 that can help you.
    Answer Applies to: California
    Replied: 8/25/2011
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