Legal Question in Criminal Law in California

Re: Felony Arrest, but not charged

First of all, you should be entitled to have this thing downgraded to an infraction if theft is under $40. It is in the Penal Code. Also, if this is your first offense, you should be given a diversion - required to take some classes for example in exchange for complete dismissal.

Cleaning up your record, even if we are talking about an arrest which did not result in any conviction, can be tricky. Issue of arrest might come up in the context of various state agencies, for example, when you apply for some kind of state license, indeed. It does not mean you will necessarily be denied whatever it is you might be asking for but you will have some explaining to do.

The arrest record can be cleaned under certain circumstances. However, I think it is most important for you at this point to negotiate a resolution which would end in dismissal of your case. Get a diligent, dedicated lawyer with high diplomatic skills who will do whatever it takes and however long it takes. Your main problem is that your kind of offense - theft/dishonesty - can be very damaging in the future, for employment or other reasons.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com