How can I get a theft charge off of my record? 14 Answers as of June 20, 2013

I need to get a job but was charged with retail theft. Will show in my record. How can I solve this and get it off my record?

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

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Hieu Vu
Law Office of Hieu Vu | Hieu N Vu
Under Penal Code 1203.4, you are allowed to reopen your case and dismiss it. Assuming there are no other convictions on your record, you are legally allowed to say that you were never convicted of a crime. However, there are limitations. These limits have to do with state licenses, public jobs and handful of other things.
Answer Applies to: California
Replied: 2/13/2012
Attorney at Law | Ernest Krause
Have you paid back the store? On probation? You need to satisfy the conditions of probation. Do you know what they are?
Answer Applies to: California
Replied: 6/20/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure for obtaining expungements and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. You are entitled to one if you completed probation successfully. If not it is discretionary with the judge. An attorney could help. 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: 2/10/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You may be eligible for expungement. First you have to successively complete probation. Second you cannot be on any other probation. Third you must not have anything criminal pending. Contact an attorney about eligibility.
Answer Applies to: California
Replied: 2/9/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Read 1203.4 of the Penal Code - Code is on line.
Answer Applies to: California
Replied: 2/9/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You cannot. It will be there forever, arrest and conviction. California does not have a true expungement. You can file a request for and, if you qualify, obtain a dismissal. You still have to report the conviction to state licensng agencies and governmental employers. You may also pursue a certificate of rehabilitation and pardon.
    Answer Applies to: California
    Replied: 2/9/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Once you are off probation, you can get the case expunged from your record. This is technically a dismissal. For most private employers, you can deny the conviction. However, there are many exceptions, including government jobs and licensing applications for example. Consult with an attorney for more information.
    Answer Applies to: California
    Replied: 2/9/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You can file a motion to expunge your record. This will remove it for purposes of employment and school, but not criminally. But, for your purposes of employment, it should work.
    Answer Applies to: California
    Replied: 2/9/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You may have your record expunged. 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 any time 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.
    Answer Applies to: California
    Replied: 2/9/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You can apply for what is called a 1203.4 dismissal.
    Answer Applies to: California
    Replied: 2/9/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Assuming you qualify, you can get it reduced to a misdemeanor and taken off your record by doing what is called a 1203.4 motion. This is commonly referred to as an "expungement," but there really is no such thing anymore. Contact a criminal defense attorney in your area who will be able to help you do this.
    Answer Applies to: California
    Replied: 2/9/2012
    Law Offices of Aaron T. Hicks
    Law Offices of Aaron T. Hicks | Aaron Hicks
    You indicate that you were charged with theft, but were you actually convicted or is the case still ongoing? If still ongoing, you need to get an attorney to help you to see if it can get dismissed or changed to a lesser, non-theft charge. If already convicted and it was in California, you can petition to have it expunged after your probation is complete. If granted, you will have to still disclose in some circumstances, like when applying for a professional license through the state, but most general employment you can legally state that you were not convicted. Contact a local criminal defense attorney to help.
    Answer Applies to: California
    Replied: 2/9/2012
    Attorney at Law | Dorinda Ohnstad
    The only way to expunge your record is to file a motion to expunge pursuant to Penal Code Section 1203.4. Most criminal clerk windows will give you general direction on how to do that, although they can't provide you with legal advice. The other option is to hire an attorney to file the motion for you.
    Answer Applies to: California
    Replied: 2/9/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Only charged with it, or convicted of it? If only charged, you can seek declaration of factual innocence. If convicted, you can do a 1203.4 "dismissal" [erroneously called "expungement," but it is not].
    Answer Applies to: California
    Replied: 2/9/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney