How can I get a misdemeanor from shoplifting off of my record? 18 Answers as of August 16, 2011

I was 18 at the time and stole gold fish crackers from ralphs and was arrested, to this day it is still on my record and has affected me getting jobs. Im 24 now and have no one to go to for advice.

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You can retain a lawyer to file a motion for you per Penal Code Section 1203.4.
Answer Applies to: California
Replied: 8/16/2011
The English Law Firm
The English Law Firm | Robert English
There is a provision for expungement. You may want to hire an attorney or go to the court's self help website.
Answer Applies to: California
Replied: 8/12/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By expungement. The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can 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. Sounds like you qualify. If successful, the conviction would be withdrawn and the charges dismissed.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'. 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. 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: 8/12/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You can expunge the old conviction. This process withdraws your prior guilty plea and enters a dismissal after conviction, which, in most circumstances allows you to answer "no" on most applications which ask if you have previously been convicted of a crime. There is no way to get the arrest off your record but this will reassure employers that the court has now dismissed the old petty theft case.
Answer Applies to: California
Replied: 8/12/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
An expungement may be something you want to consider. The filing fee is around $120.00 and an attorney can draft and file it for you for as little as $600.00. An expungement effectively withdraws your plea of guilty, enters a plea of not guilty and the DA will dismiss the case.This allows you to lawfully say you have never been convicted of a crime and is very effective in taking the blemish off of your conviction record.
Answer Applies to: California
Replied: 8/11/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    You qualify for an expungement of your misdemeanor petty theft conviction if you: 1) Have complied with all the terms of probation; 2) Are not now on probation or serving a sentence for any offense; and 3) Are not now charged with committing any offense. An expungement is a dismissal of the charges and convictions. With the exception of applying for public office, licensure by a government agency, or for contracting with the California State Lottery, you would be able to state on any job application that you had never been convicted of a crime once your petition for expungement is granted.
    Answer Applies to: California
    Replied: 8/11/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    File a 1203.4 motion with the court that you received the conviction.
    Answer Applies to: California
    Replied: 8/11/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    You can seek to expunge your criminal record pursuant to Penal Code 1203.4. Since 6 years have elapsed and you likely did not serve a state prison sentence, you are likely qualified to expunge your shoplifting conviction. Please note that an expungement does not completely erase the conviction from your record.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Although your criminal history maintained by the Department of Justice will is not accessible to the public except for law enforcement and some licensing agencies, your record never will go away and the entire history of your case from arrest to expungements will be listed indefinitely. An expungement however will allow you to say for private employment purposes that you have not been convicted.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Contact a local criminal defense attorney about a dismissal under Penal Code 1203.4. It's commonly called an expungement. While California doesn't have a true expungement law, it can help to clean up your record for employment reasons.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: Unfortunately... and not to cry over spill milk, you made a serious mistake when you were eighteen years old and pled to a misdemeanor. Just the cold comfort you wanted to hear, I'm sure. You should have, or your Attorney or the Public Defender should have, negotiated an infraction plea for you. You did not know, and no one was looking out for you. If you were offered to speak to the Public Defender and did not do so... well, that was on you. If you did so and the Deputy Public Defender on the calendar that day did not feel sufficiently moved to slide over to the Deputy District Attorney's desk and briefly argue for the infraction disposition, then that was on them. That said, you have to start from where you are, as they say. So, your only real option now, six years later, is to file a motionp ursuant to Penal Code section 1203.4. It is popularly called an "expungement", though it is not an expungement. It is a dismissal. Your guilty plea is withdrawn, and the charge is dismissed. It is a limited form of relief. I direct you to the code, itself, for further elucidation. It will not protect you in every instance, but it is relief of which you should avail yourself. Except for certain circumstances or exceptions, spelled out in the code, after the motion you would be able to say that you had not been convicted.
    Answer Applies to: California
    Replied: 8/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Was this in juvenile court or adult court? If you had a public defender go to their office and they can do it for you. If you had private counsel, go to him/her. I am guessing it was adult court as Juvi records come off when you turn 18. Anyhow the P..D. can do a Penal Code 1203.4expungementt for you. The problem is that expungement does not actually ERASE the record. THe record stays and under it they write, "expungement granted pursuant to P. C,1203.4 It is illegal for anyone to get your record (companies used to pay cops $50 to get them) but NOW the boss simply asks you to sign a waiver to let them get your record and if you refuse they will not hire you. Also with all the crap on the internet no one has secrets today. Good luck.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You can get an expungement, which if and when granted, will show that your conviction was lifted and dismissed. You must have successfully completed all the terms of your probation to be eligible.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    What you need is to have an expungement done. Most criminal attorneys will do this.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need an expungement. You actually can do it yourself (you get a packet of paperwork from the clerk's office), but it's obviously better to hire an attorney to do it for you. I charge a flat $1,500 and do them often.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can hire an attorney to file a petition of expungement for you. Once expunged, it will no longer show up on background checks.
    Answer Applies to: California
    Replied: 8/11/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Unfortunately it cannot come off your record completely. The best you can do is file a 1203.4 petition. It will have the effect of dismissing your case, but the conviction itself will also stay on your record. There is no remedy to purge the conviction itself.
    Answer Applies to: California
    Replied: 8/11/2011
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