Legal Question in Criminal Law in California
In 2008, I was caught shoplifting at a local sears. The judge ruled it as a misdemeanor and gave me 2 years probation and a $450 fine. Is there anyway I can get my record expunged or sealed?
3 Answers from Attorneys
You can get the case "expunged" after your probation is up, and you then won't have to disclose your theft conviction to most employers, but they may find out anyway. Too bad you got convicted.
If probation has ended you can get the conviction expunged from your record, which allows you to not have to disclose it to potential employers. However, government agencies, licensing agencies, etc., will still see the conviction, so you should always disclose it to them.
If your probation has not ended, you can make a motion to terminate probation, and then submit the documentation to have the conviction expunged.
I hope this helps. Best of luck.
Yes. Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.
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