Quick Answer: Can I Get A Retail Theft Charge Expunged?

What class misdemeanor is shoplifting?

Updated August 23, 2020 Penal Code 459.5 PC is the statute that makes shoplifting a misdemeanor offense in California.

This section defines shoplifting as entering an open business with the intent to steal merchandise worth $950 or less.

The crime is punished by up to 6 months in jail..

How do I get retail theft off my record?

To make it possible to remove from your record, you must get a deferred sentence offer. this means that you plea guilty but you are not sentenced. instead, you promise to do certain things and stay out of trouble. if so, then at the end of the time period, the guilty plea is withdrawn and the case is dismissed.

Do I need a lawyer for expungement?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. … You usually will be required to pay a fee in in order to file the expungement application with the court. In more complex situations, you will need the assistance of a qualified criminal law attorney.

What does it mean when a charge is expunged?

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. … Expungement proceedings, however, must be ordered by a judge, or court.

Can you get caught shoplifting after you leave the store?

Even if you successfully shoplift and exit the store without being caught, you can still be arrested. When there is missing inventory or if something distinctive is gone from the shelves, businesses may review security footage.

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 a theft charge be expunged?

Fortunately, most states allow for an arrest or conviction for petty theft to be expunged, because it is a low-level theft crime. … Expungement laws vary by state, so the best thing to do is to take our free online eligibility test to see if you can have your petty theft case expunged.

Does retail theft show on background check?

This means that a retail theft conviction will appear on every type of criminal background check, even the types of criminal background checks, which would normally only bring up misdemeanor, felony or homicide charges. …

How do you get a misdemeanor possession charge expunged?

To request an expungement, you will need to file an application or petition with the court. The petition usually has to be sent to the district attorney or prosecutor’s office, as well.

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.

What happens when you get a citation for shoplifting?

A conviction for shoplifting will appear – and remain – on your criminal record. … In California, under Penal Code Section 1203.4, you do have the ability to later request a dismissal of a misdemeanor conviction (see the California Courts Self-Help Web site on this topic: http://www.courts.ca.gov/1070.htm).

How long does it take to expunge a misdemeanor?

8 to 16 weeksWe have successfully expunged hundreds of misdemeanor records all over California. The procedure will take from 8 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is.

Is shoplifting a misdemeanor or a felony?

Shoplifting is one of the most common theft crimes in the United States today. Depending on the value of the property stolen – it can be charged as a misdemeanor or a felony offense. Shoplifting is a type of theft crime where people steal from retail establishments.

Does a shoplifting citation go on your record?

If the police issued a ticket for shoplifting, then you have a court date and you must appear in court on your court date, or hire an attorney to represent you. If you plead guilty, the conviction for shoplifting will stay on your permanent criminal record forever and it can not be expunged (removed).

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.

Will shoplifting affect getting a job?

Employment – A person who is convicted of theft may lose their existing job or be unable to obtain a new job. Employers routinely run background checks on new and existing employees to check for such a conviction.

How can someone get their record expunged?

In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person’s criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person’s expunged record.

How many times can you expunge your record?

Asking to Seal Your Record Again Many states that allow convicted defendants to expunge their records offer the remedy only once. After that, records of criminal convictions cannot be sealed.

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 long does a shoplifting charge stay on your record?

Shoplifting items valued at under $950 is a misdemeanor in California, but second offenses can be charged as felonies. If you are convicted of a shoplifting charge in California, the conviction remains on your record forever unless you get it dismissed or expunged.

Will a shoplifting charge ruin my life?

A petit theft or shoplifting charge is not likely to ruin your life. … Any employer that conducts a background check will be put off by someone with a history of theft.

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.

What should I tell a judge for shoplifting?

The judge will advise you of your rights and the maximum possible penalties. You don’t have to say anything; the court will enter your plea as not guilty.

Will Target drop shoplifting charges?

Frequently, new clients are concerned with whether or not a retail store, Walmart, Target, Macys, Home Depot, or the like, can simply drop their shoplifting charges without going to court. The simple answer is usually: no. Don’t waste the time trying to call and speak to the store.