Legal Question in Administrative Law in California

Re: PETTY THEFT Exspungment

There are separate laws for expungement or reduction in grade of crimes based upon whether they were charged as felonies or misdemeanors and whether there was prosecutorial discretion in how the crime was charged. Petty theft would fall into the misdemeanor category, at worst.

I used to process these applications as a law clerk in the local public defender's office a number of years ago....but it was only a small part of my duties. As I remember, misdemeanants can apply for a "certificate of rehabilitation" and felons convicted of crimes that could have been charged as misdemeanors can apply for a reduction in grade.

However, there is a widespread misunderstanding as to the results and usefulness of these legal processes. An expungement DOES NOT remove the fact of conviction from the public records. All that happens is that another line is added to your criminal record; one that says, in effect, "The foregoing crime has been expunged." Now, how useful is that?

There are some small benefits; you don't have to disclose the crime, and you can apply for jobs where having the record would be a bar, but as I recall any prohibition on possession of firearms remains in place, so it doesn't allow you to go hunting.

I'm not sure this is much help; I don't recall the details (which are complex) nor do I practice criminal law. I suggest making an appointment with the public defender in the county where the conviction was obtained. If that doesn't work, contact me. By the way, the public defender is obligated by law to handle expungements for people who can't afford a lawyer, I believe.

Re: PETTY THEFT Exspungment

Probably, if you completed all terms of probation, and have no further arrests. Contact me to discuss the procedures and costs, which are not that expensive.