Quick Answer: How Do You Get A Petty Theft Expunged?

How do I get theft off my record?

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..

Can I file for expungement without a lawyer?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.

How long does it take for something to get expunged?

So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

How long does a petty theft misdemeanor stay on your record?

It stays on your record forever. If you have no prior criminal record, you can have it expunged after a 5 year period.

How much does it cost to get something expunged off your record?

Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.

Does petty theft ruin your life?

A theft offense does not have to ruin your life or damage your future. Often with skilled representation you may be able to avoid the impacts of a conviction even where the defenses are weak through diversion programs or other mitigating factors.

Is it hard to get a misdemeanor expunged?

Although misdemeanors are easier to have expunged than felonies, there are still certain factors that may not permit a person to remove the misdemeanor at all. … Depending on the circumstances of the case, however, the person may be able to request to have the record sealed.

Do petty misdemeanors show up on a background check?

While misdemeanors carry fewer punishments than felonies, like felonies, they stay on your criminal record for life — which means that misdemeanors can show up on background checks. … So while there is a chance your misdemeanor won’t show up on a background check, there’s always the possibility that it will.

Will Petty Theft keep me from getting a job?

3 attorney answers It certainly can. Most employers, even McDonalds, do background checks. If they discover any type of criminal record, they often will deny your employment. Fortunately, a theft charge can be sealed/expunged one year from the date that your…

Will a misdemeanor ruin my life?

A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

How many misdemeanors can you get expunged?

You can only have one charge of any kind on your record (including misdemeanors and juvenile adjudications) in order to be eligible for an expungement. If you have two misdemeanors on your record, sorry to say that you are not eligible.

Can you still be an RN with a misdemeanor?

STUDENT NURSE APPLICANTS APPLYING FOR A LICENSE WITH A CRIMINAL RECORD: You cannot be denied your RN license based solely on a conviction. … Prior to the amendment, student nurse applicants with misdemeanor or felony convictions were required to disclose that conviction to the BRN. You still have to do that.

Can you get a shoplifting misdemeanor off your record?

If you were convicted of shoplifting, there is no way to get that expunged from your record. If you were just charged and you haven’t been to court yet, then you definitely need to hire an attorney to represent you and keep this off your permanent criminal record.

Why would an expungement be denied?

An expungement can be denied for statutory reasons, such as not meeting the required timeframe for a class B misdemeanor DUI, which is 10 years, or for a class B misdemeanor theft offense, which would be three years. … Another reason to be denied an expungement would be the judge, who may not want to grant the petition.

Is it hard to get a job with a petty theft charge?

You should be able to get work, but it depends on the employer. You can get a dismissal from a court, after completing probation. That conviction, even if dismissed, must be disclosed to all state county, municipal employers, licensing agencies, and even the lottery.

How bad is a petty theft misdemeanor?

California law defines petty theft as the theft of any property with a value of $950 or less. Most petty thefts are charged as misdemeanors, which carry a sentence of up to six months in county jail, a fine of no more than $1,000, or both.

Can I expunge my misdemeanor?

Misdemeanor Expungement A misdemeanor has the potential to remain on your record for life. The good news is that you may be able to expunge your misdemeanor to remove it from your record. Misdemeanor expungement is the legal process through which one can clear a misdemeanor from their criminal record.

Can I get a job with retail theft on my record?

Employee theft is a major problem at retail establishments, so retailers will not hire people who have a documented history of stealing. If you are charged with retail theft, you should immediately contact an experienced, reputable, criminal defense attorney.