How can I get a misdemeanor theft charge off my record? 6 Answers as of May 22, 2013

My question is can I work for a private school in California with a misdemeanor theft charge on my record that happened in 2001 and was all over with in 2004. I had worked for an Airline that closed and I went to Culinary School and have been offered a job with a private high school but I am not sure if I should go for it or run the other way? Help and Thank You.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure to have criminal convictions "expunged". 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 theft offense. 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. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 5/22/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
Your question isn't really a legal question. Private employers set their own guidelines as to whether they will hire people with criminal convictions. So, one employer might take you on. Another might not. There isn't a law that compels them to either hire or not hire you. What you should do is petition for a dismissal under Penal Code section 1203.4 in the court you were convicted in. You can do this on your own, or hire an attorney to do it. As long as you have been law abiding and you have fulfilled all the terms of probation, the court will withdraw your guilty plea and dismiss the charge, thus rendering it a non-conviction.
Answer Applies to: California
Replied: 5/20/2013
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
If you want the job, why would you "run the other way" Did you apply to have your case dismissed with a Motion to Dismiss Pursuant to Penal Code section 1203.4? You should, as soon as possible. It would probably be more of a problem if you were going to work for a public school, and things seem to have been getting more and more stringent regarding background issues. It's too bad that a nine year-old minor misdemeanor might disqualify you from a job for which you might otherwise be well-suited and qualified. Once you had the case dismissed pursuant to Penal Code section 1203.4, you would be legally entitled to say that you had never been convicted, with certain exceptions. Since being a cook, rather than a teacher, probably does not require a state license, you would be able to say that you had never been convicted after the motion was granted, and the employer would not be able to ask you about it, even if they ran your rap sheet, and technically at least, would not be able to use it against you.
Answer Applies to: California
Replied: 5/20/2013
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Unfortunately, unless you are found to be factually innocent, there's no way to remove something from your record in California. The best you can do is what is commonly referred to as an "expungement." It doesn't wipe the case off your record, but it will dismiss the case. That will allow you to tell most private employers that you do not have the conviction. It's under Penal Code 1203.4. A local criminal defense attorney should be able to assist you in filing the motions for a very reasonable fee plus any filing costs with the court.
Answer Applies to: California
Replied: 5/17/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Go for it. See attorney about 1203.4 relief.
Answer Applies to: California
Replied: 5/17/2013
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    You can apply for an expungement pursuant to Penal Code section 1203.4: 1203.4. (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation,or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at anytime after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right,if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. You should hire counsel. It shouldn't cost that much and you will not have to worry about it anymore.
    Answer Applies to: California
    Replied: 5/17/2013
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