How long does theft stay on your record? 51 Answers as of January 27, 2012

How long does theft stay on your record? When can it be removed?

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Three years for a felony and five years for a misdemeanor. The time begins when you have finished probation and paid all fines and costs. You can't have any new violations either.
Answer Applies to: Washington
Replied: 1/27/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
My first advice would be to obtain an attorney to assist you with this matter. This answer does not contain specific legal advice. If you want specific legal advice, you should consult with an attorney directly. Most attorneys provide free initial consultations. Speaking in general terms, whether a conviction stays on a person's record depend on whether the person was a minor, were a minor, the type of charge, whether the person was part of any sort of diversionary programs, and several other factors. Generally speaking, an adult conviction for a misdemeanor or felony will stay on a person's record for a very long time. However, there may steps a person could take to get it off their record. It is worth a phone call and consultation with an attorney to see if there are any options. One potential route could be to expunge the conviction. Expunging a crime in Michigan is complicated. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, includes a thorough background check, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation. With the proper guidance, your paperwork will be handled properly and quality representation will increase your chances of successfully completing the process.
Answer Applies to: Michigan
Replied: 5/20/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
In New York your record lasts forever . It can only be removed by making a 440.10 motion to vacate the conviction if it was illegal, improper, or if new evidence of innocence has been discovered. Even if vacated the arrest will always be on the NYSID computer for the police, prosecutors, military, and government agencies to see.
Answer Applies to: New York
Replied: 5/16/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
If you have successfully completed probation, you may request an expungement of the conviction. If it was a felony, you may have to ask to have it reduced to a misdemeanor first. Feel free to contact our office; we do many expungements.
Answer Applies to: California
Replied: 5/13/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
A criminal record remains forever unless there is an expungement. If a person has only one conviction, they may be eligible to seek expungement through the court after five years have passed. If you want further information, contact us.
Answer Applies to: Michigan
Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Once a conviction is on your record generally it stays there unless you apply to get it expunged. This is not easy to do. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/12/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Theft will be on your record permanently if you were adjudicated guilty of the crime. If you were not adjudicated guilty then you can petition the Court as soon as you have completed all of the conditions and terms of your release etc., to have your record sealed or expunged. If you are in need of services of an attorney to assist you in sealing or expunging your record and your case is in the Tampa Bay area, please contact my office for an appointment.
    Answer Applies to: Florida
    Replied: 5/11/2011
    NOLA Criminal Law
    NOLA Criminal Law | Townsend Myers
    There is no cleansing period for your criminal record (unlike, say, your credit report). If you want to remove something from your criminal record, you will have to petition the court to have your record expunged. You can do this yourself, or you can contact a qualified attorney in your area for help.
    Answer Applies to: Louisiana
    Replied: 5/10/2011
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Generally a theft will stay on your record forever, unless the matter and the conviction are expunged from your record. You can usually expunge a case, if there are no violations of probation, after your probation is done and after there are no more convictions.
    Answer Applies to: California
    Replied: 5/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony, misdemeanor and infraction convictions can sometimes 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 reduced to a misdemeanor, if necessary, and then 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 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: 5/10/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A conviction will be permanently on a person's criminal record. In some cases and depending upon State law, the conviction may be expunged. An expungement serves to seal the criminal record from the public view.
    Answer Applies to: Kansas
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It will stay on your record forever unless you get the record expunged. Understand that even with an expungement the police, DA, and judge will still be aware of your prior record.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It will stay on your record until you have the conviction vacated or your conviction expunged.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It depends upon the status of your conviction : whether or not it was felony or misdemeanor and the disposition of your sentence: deferred, suspended, completed, probation etc. If the terms of your sentence have been satisfied then you may be eligible to file expungement proceedings to have the conviction and/or charges removed from your criminal record. You should hire a criminal attorney in your area who will be able to quote you a rate on expungements and explain filing fees and other costs associated with the proceedings.
    Answer Applies to: Louisiana
    Replied: 5/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Indefinitely. You may, depending on your area, be able to get it expunged, but here in Mobile, they are no longer available, unless by statute. The statute basically applies if there is a clerical error, and it is not you who was convicted. Otherwise, you could apply for a pardon with the Board of Pardons and Paroles, but their own website reveals low statistical odds of success. There has been talk of amending the statute to allow for more circumstances, but, to my knowledge, it has not passed. Stay well.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    In Montana there is no law allowing for the expungement of criminal records so it remains on your record permanently.
    Answer Applies to: Montana
    Replied: 5/9/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted of the offense, the offense will remain of your record permanently. If dismissed or you were given supervision, (Illinois only), you can get the record expunged. For a direct dismissal or a finding of not guilty, you can do so immediately. If for supervision, you can expunge five years after your supervision period has expired. See your clerk of the court in the jurisdiction where the case was heard, for more details and a packet for beginning the process of expungement.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    In NY it stays on your record forever. It cannot be removed. That's why it's best to never get a criminal record, especially in NY state. You may want to consult with a lawyer to see if you can get a Certificate of Relief from Civil Disability. Good luck.
    Answer Applies to: New York
    Replied: 5/9/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It stays on your record forever. If you have no prior criminal record, you can have it expunged after a 5 year period. Good luck with this process. I always recommend hiring a lawyer to pursue these expungement matters.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    In most states, misdemeanors remain on your record indefinitely. In order to have your record cleared you must go through a proceeding called an expungement. This will effectively hide the misdemeanor from common background check methods, enabling you to leave it off a resume, unless of course the resume asks about expunged records (in some states asking such a question on an application is prohibited by law, as once your record is expunged, you have in a sense been forgiven by the court system that convicted you, and thus no one else has a right to hold it against you). Keep in mind though that on state and federal applications, and some professional licensing applications you may be required to disclose expunged convictions, regardless of any protective laws. Any criminal attorney in your area can assist you with the expungement process for a relatively low fee. It is something you can do on your own behalf, but it may take you a considerable amount of time and research to do it correctly, for the small fee it's much easier and quicker to simply pay an attorney to file the paperwork and proceed on your behalf.
    Answer Applies to: California
    Replied: 5/9/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you were convicted, it remains on your record indefinitely. Under current law, it cannot be removed.
    Answer Applies to: Minnesota
    Replied: 5/9/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    In most cases a conviction will stay on your record forever. Unless you initially pled with some sort of provision that provided for the charges being dismissed after a probationary period, a pardon is your only option. Part of my practice includes preparing pardon petitions. Whether a pardon is likely will depend on many facts. I could better advise you once I have those facts. I hope this helps you sort your legal situation out. If you want to set up a free consultation to go over your situation in more detail or to retain me to assist you with this matter, please email me.
    Answer Applies to: Hawaii
    Replied: 5/9/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for theft stays on your record forever and cannot be removed. There is an expungement and a non-disclosure bill that has been introduced in the Alabama legislature but has yet to be passed. If either of these bills are passed you may be entitled to some relief.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If it is a felony then it will stay forever. If it is a misdemeanor you can get it expunged after you complete your probation requirements. Talk with an attorney and give him all the facts.
    Answer Applies to: California
    Replied: 5/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You criminal record always remains. The only way to affect it is to seek an expungement. An expungement is available for one misdemeanor or felony (unless excluded) by filing a motino in the Court of conviction after 5 years have passed from the date of conviction. It is in the discretion of the judge to grant or deny the request. I hope this was helpful.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The answer to this question largely depends on what degree of Theft the person was convicted of.
    Answer Applies to: Washington
    Replied: 5/9/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, forever; however, you might be able to retain an attorney about the possibility of seeking an expungement. Good luck!
    Answer Applies to: Georgia
    Replied: 5/9/2011
    Tracy L Henderson, Attorney at Law
    Tracy L Henderson, Attorney at Law | Tracy L. Henderson
    If your conviction is a California conviction and you have successfully completed all the terms and conditions of probation you can withdraw your plea of guilty and enter a plea of not guilty and ask that the case be dismissed. This will remove the conviction from your record. Statutorily you can do make the request to have your plea withdrawn and the case dismissed after one year of probation but it may or may not be granted. After the full term of probation, whatever it is, there typically is no opposition and is usually granted.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Forever. You can file for an expungement which has limited value but is better than nothing. I would consult a certified criminal law specialist to assess your options.
    Answer Applies to: California
    Replied: 5/9/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It will stay forever unless you seek to have it annulled. See NH RSA 651:5. If you are seeking to annul a misdemeanor you must wait 3 years from the end of the sentence for a felony if A felony then 10 years wait, B felony requires 5 years.
    Answer Applies to: New Hampshire
    Replied: 5/9/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    It doesn't get removed. There is no expungement statute in New York. The best you can do is apply for a Certificate of Relief of Civil Disability, which is about as close to expungement as you can get. This certificate restores most civil rights, and removes many barriers to employment and licenses.
    Answer Applies to: New York
    Replied: 5/9/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A conviction will remain on your record for life. In most cases you can have the matter set aside, you cannot get it removed in Nebraska if you where convicted.
    Answer Applies to: Nebraska
    Replied: 5/9/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama never. There is no expungement in Alabama. If in another state, call an attorney.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    If a misdemeanor one year; felony three years.
    Answer Applies to: Ohio
    Replied: 5/9/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    In Michigan, the conviction stays on your record for life. You may be eligible to get it expunged after 5 years. In Michigan, the statute (law) allows the expungement (set aside) of the record of one criminal conviction only. The statute is MCL 780.621. A petition for expungement of a criminal record may not be filed until five years after the completion of a prison term or imposition of a sentence, whichever occurs later. Upon a petition to the court, the petitioner has the burden of proving to the court that his or her actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. The court must make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination. While under most circumstances one-time criminal offenders are eligible for expungement, there are certain crimes which are specifically excluded and cannot be expunged, such as convictions where the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment may not be expunged by the court. Also, any conviction for CSC 2, CSC 3 or Assault with Intent to Commit CSC may not be expunged. The process involves the gathering and drafting of certain documents and court records. An application will be denied unless it contains all of the information required by the court. It is important to have a good misdemeanor or felony crime expungement lawyer to help you understand the process and work quickly and efficiently to obtain all of the necessary documentation.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any crime will forever stay on your record unless it is expunged or a part of some diversion or similar program designed to keep convictions off your record.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Once you have completed your probation you can file for expungement relief (1203.4 of the Penal Code).
    Answer Applies to: California
    Replied: 5/9/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Theft, like all other charges, will stay on your record indefinitely. You can have it expunged for employment purposes with private employers (as opposed to government employers or security positions), but law enforcement will always be able to access it.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    In Oregon, if you are convicted of a crime as an adult, it stays on your record forever, but for most theft offenses (and other minor offenses) can probably be expunged three years after your sentence ends. Juvenile records are sealed, and some charges don't result in convictions (if you did community court or the like, for instance.) If you're not convicted, you can expunge the records a year after your arrest.
    Answer Applies to: Oregon
    Replied: 5/9/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You can file a motion pursuant to Penal Code section 1203.4 after the period of probation is completed, or you can move to terminate it early pursuant to Penal Code section 1203.3, and then to have the case dismissed. There are limitations though. For some purposes a conviction never really goes away, though it can help you with future employment that does not involve State licensing, running for public office, contracting with the State lottery or security clearances for military or law enforcement positions. In those cases you have to admit the prior conviction.
    Answer Applies to: California
    Replied: 5/9/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    A theft conviction will stay on your record indefinitely. You can petition the court to expunge your conviction which would allow you to legally say you have not been convicted on an employment application, for example. However, a background check of your criminal history would show that you were at one time convicted of theft and, at some point in time later, had the conviction expunged. In any case, expunging your criminal convictions is something that is relatively simple to do and can only help you. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    The answer depends on where you were convicted and what the expungement process is in the state you were convicted in. Theoretically, the theft conviction will stay on your record forever. However, many jurisdictions allow for a process called expungement where the conviction can be essentially sealed from your record. In Oregon, where I practice,convictions including most theft convictions can be removed from an eligible person's record after three years (assuming the person had no prior convictions for ten years before the conviction and none since the conviction). Certain theft convictions in Oregon cannot be expunged (these are for what is known as "Aggravated Theft" and deal with thefts where the value of the property exceed $10,000), but most are expungeable providing the person is eligible under the expungement statute.
    Answer Applies to: Oregon
    Replied: 5/9/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    A theft conviction (or any conviction, for that matter) will stay on your record until a court vacates it. You can find more information about this process at: http://www.yakimacounty.us/superiorcourt/PDF_Docs/CrimPamphlet.pdf. Good luck!
    Answer Applies to: Washington
    Replied: 5/9/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    A theft conviction will stays on your record for life. It is possible to get convictions "expunged" which is an equivalent to dismissed, and has many benefits, including when applying for jobs. Contact me through 1DUILawyer.com if you would like to discuss in further detail. I handle expungements for Criminal and DUI convictions.
    Answer Applies to: California
    Replied: 5/9/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    It will stay on your record forever. A petition can be filed to have the matter dismissed after successful completion of your probationary period. In most misdemeanor cases, probation terminates 3 years from the date of your conviction. If you would like information about whether you are eligible to have the matter dismissed, please contact our office for a free case evaluation.
    Answer Applies to: California
    Replied: 5/9/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Crimes never disappear. If you have one crime ever, after 5 years you can move for expungement. Contact me to discuss.
    Answer Applies to: Michigan
    Replied: 5/9/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It stays there forever unless and until you file a petition for expungement. Once you have successfully completed probation, have no criminal case(s) pending, and are not on probation for any other offense(s), then you are eligible. Contact an attorney to file the petition and conduct the expungement hearing for you.
    Answer Applies to: California
    Replied: 5/9/2011
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