Can I have misdemeanor theft expunged?

I was arrested and charged with misdemeanor theft of about $150 dollars when I was 18, in 1999. I have a spotless record aside from this. I pleaded no contest to that charge, paid all of the fines, and got it taken care of. Can I get this misdemeanor theft charge expunged from my record?

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Answered By: Nelson & Lawless

Probably. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not “remove” the conviction, but merely changes the record to show “conviction reversed and dismissed by expungement”. If expunged, you would be able to say “no” to conviction on most private employment applications. However, the conviction is still a “prior” for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.

Answer Applies to: California
Replied: 8/30/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg

Yes, you can have this crime expunged.

Answer Applies to: California
Replied: 8/28/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Steven Mandell

Yes, you can, assuming that the probation has been terminated. Since you believe that you got it all taken care of, that probably means that probation terminated. You seem eligible for expungement relief.

Answer Applies to: California
Replied: 8/28/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.

Definitely, yes. Misdemeanor theft charges where you completed all terms of probation, probation is over, and you have not committed any new crimes, can be easily expunged.

Answer Applies to: California
Replied: 8/28/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Ramona Hallam

In California the answer is yes, you may have the conviction expunged. You may file a Penal Code section 1203.4 petition for dismissal of the convictions once you have successfully completed probation. Sounds like you have, and it sounds like you have performed all other terms of your probation. If you need representation, feel free to telephone.

Answer Applies to: California
Replied: 8/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Prometheus: A Social Justice Law Firm

Hire an attorney to help you with this expungement. You can contact my office for a consult if you live in the area of my practice.

Answer Applies to: California
Replied: 8/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.