How do I get rid of my shoplifting records? 7 Answers as of June 27, 2011

Me and my friends were at Wal-Mart and I saw my friends stealing make-up which cost like 7 dollars an I didn't do anything to stop them. Then later on, when we were going to go out the store, an LP followed us and told us that we were caught stealing and he took us in to the camera room and then he got our information like DOB and our license information as well. He said I was in it too because I just watched my friends steal but didn't do anything and then he said we'll get a fine but me and my friend didn't get our fines yet. My other friend got hers and it was $230 dollars. This happened somewhere on February 2010. And then on October 18, 2010, I gave in to peer pressure on stealing a $10 dollar beanie at H&M, then the h&M LP caught me and made me put my information down like date of birth, address and then she got my license information as well. And also, there was no cops involve. So with that being said, I have 2 records now and I still didn’t any fines from them till now and I'm worried because I should be getting it and I want to know if I can expunge my record because I cant get a job at all and I wish I can go back time and change what happened to me.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. 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 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. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 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 or employment because of the conviction. If you're 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: 6/27/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you were never arrested by any law enforcement agency then you do not have a criminal record. It is difficult to tell from your summary whether that occurred or not. In California if you were detained or arrested then you can retain a lawyer to bring a motion to seal and destroy your arrest record per Penal Code Section 851.8.
Answer Applies to: California
Replied: 6/27/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
There is a process that allows a person to withdraw their guilty plea, enter a plea of 'not guilty' and have their case dismissed if the terms of their probation is satisfied and there is no subsequent offense. However, this only applies to misdemeanors and felonies. If you were not charged with a crime, there is no available remedy for you just yet. This may not sound like good news, but not being charged with a crime is even better.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
If no cops were involved, then you have nothing to worry about, because no criminal charges were filed. Whatever you paid the store civilly is not a criminal record. Since you have no criminal record, there is nothing to expunge.
Answer Applies to: California
Replied: 6/27/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
If I understand it correctly you have not been charged with a crime. If that is the case there is no record that the court can expunge.
Answer Applies to: California
Replied: 6/27/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You can't get rid of the records but under California penal code section 1204.3 you may be able to expunge it if you petition the court and meet the requirements. Hiring an attorney to do the expungement is very inexpensive.
    Answer Applies to: California
    Replied: 6/27/2011
    Law Offices of William M. Aron
    Law Offices of William M. Aron | William Michael Aron
    The good news is that their is a process in California known as "expungement," which allows you to "clear" your criminal record. If you have completed all terms and conditions of your probation, we can file a motion for early termination of probation and then we would file a subsequent 1203.4 motion to expunge your record (if successful).
    Answer Applies to: California
    Replied: 6/27/2011
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