Legal Question in Criminal Law in California

How do I know if I'm convicted of petty theft? I was caught stealing $37 worth of merchandise (I am 22) and they told me that I am allowed to come back to the store. I did not do any jail time and was set free after running a background check for prior offenses (that was my first offense). They told me that I would recieve a letter from the courts either asking for a court appearance or to pay a fee (they weren't too sure about what the court was going to do). Can I have that misdemeanor removed from my record?


Asked on 9/10/09, 6:51 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If you never went to court then you haven't been convicted. If you haven't been convicted, there is no conviction to remove from your record.

It is not even clear whether you were arrested. If you weren't, then you don't have an arrest record (for this incident, at least) either. If you do have one, though, the only way to get it removed would involve obtaining a certificate of actual innocence from the court. Since you admit that you are guilty, you cannot claim actual innocence without committing perjury -- which is a much more serious crime than the petty theft itself.

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Answered on 9/10/09, 6:56 pm


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