Legal Question in Criminal Law in California
Hi 5 months or so ago I was arrested for petty theft i was booked and released. They offered me a deal i did some paperwork program and was not charged with a crime i completed it successfully and revived my compilation paperwork. I want to try and get my arrest record expunged but that's where the snag comes in the arresting officer kept my Identification Card and also my backpack that contained a soda bottle filled with aluminum foil and two bottles of works which if combined will make what is known as a "works bomb" the gas caused by the aluminum foil and the works cleaning solution causes the bottle to explode there is no fire just simple chemical reaction but I know the charge for that can be a class 3 or 4 felony and that's what i was really afraid of also some bolt cutters. I never went to the police office to collect my ID or my backpack and never heard back from them it was the night before a holiday and the arresting officer had gone home for the night i was told at the jail i could pick up my ID in the next few days. I never mentioned the backpack or its contents my question is can I still be charged with a crime even thought 5 months have passed and i was only charged with petty theft? I don't know it the cop was being cool and giving me a big free pass i know the bolt cutters might have gotten me a additional criminal charge as they are theft devices added to petty theft and possible bomb paraphernalia would have been very serious. Or if he was just going to bring it out at my trial which I avoided by taking the deal. My question is if I try and get my record expunged and they contact the officer and he says he still has my backpack sitting around in evidence somewhere can i be charged with a additional crime? Also I don't know it the officer knows what the items were for its all over the internet and a quick Google search would turn it up or if he just added the liquid to the bottle. I know this is a very serious and very messed up situation and i don't take it lightly but its already done i just need to know how to go forward.
2 Answers from Attorneys
There is no way to know what the prosecutor will do when you request expungment. You should think about hiring an attorney to do this correctly the first time.
You should not be able to be convicted of the same crime twice, however if there was a different crime committed that was not known at the time, it is possible you may be up a creek without a paddle.
They probably won't contact the officer -- but if you are ever charged with making bombs, even if it's putting a bunch of Mentos in a soda bottle, they'll throw away the key.
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