Legal Question in Criminal Law in California

I shoplifted at Macy's today for merchandise totaling $167. I have never done anything like this before and I have a completely clean record. I used no tools to shoplift. I signed a form with Macy's agreeing to pay around $350, and was "arrested" by the police. I signed a citation agreeing to appear on court. When asked why I shoplifted, I told them I really had no good reason. I had money to pay for all the damages, and pretty much, I just wanted to be anybody but me (a miss little perfect) that day. I was under a lot of stress that I wanted to break out of my perfect little bubble. In a way, I was glad I got caught so it set me straight.

I am currently a 20 year old college student in San Diego majoring in Neuroscience.

So here are my questions:

1) Is there any way to keep this misdemeanor off my record?

2) If I can't get the misdemeanor off my record, what charges could I possibly face? Jail time? Fines? Anti-theft course?

3) I was arrested today (11/7/10). When will this "misdemeanor" show up on my record?


Asked on 11/07/10, 6:18 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The misdemeanor will show up on your record when and if you are convicted. (Note that a plea of guilty or no contest results in a conviction.) The only ways to keep it off your record are to convince the D.A. to drop the charges or to win an acquittal at trial. It may also be possible to make a deal in which you plead guilty to something less serious. That lesser charge will also end up on your record, but it won't be as damaging.

Admitting your actions to the store and to the police was *very* unwise. After all, anything you say can and will be used against you in a court of law.

I don't know how strong the case against you would have been if you hadn't done this, but you made it a lot stronger by freely admitting your guilt. There may be a way to exclude your statement to the police, though that will depend upon the details of your conversation with them. And I rather doubt you will be able to exclude your agreement with the store.

A petty theft charge may not sound serious, but it can have very serious repercussions. Many employers won't hire you because of it. Some professional licenses (for instance, licenses to practice law, nursing, or medicine, or to be a mortgage broker, teacher or real estate agent) may be much harder to get with a theft conviction is on your record. And if you ever get a second petty theft conviction, it will be a felony.

You need a lawyer right away. Maybe she will figure out a way to beat the charges. Failing that, she might be able to negotiate the charges down to something less onerous.

Good luck.

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Answered on 11/12/10, 7:13 pm
Terry A. Nelson Nelson & Lawless

I'm afraid records are forever. This arrest is now part of your record. You understand you face criminal misdemeanor charges. Most people hire an attorney to represent and help them in such situations. He may be able to negotiate a plea bargain that minimizes the record, or may be able to get a deal that results in a dismissal. Finally, even if you end up with a conviction, your attorney may be able to get it expunged later. If serious about hiring counsel for this, feel free to contact me.

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Answered on 11/13/10, 1:56 pm


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