Legal Question in Criminal Law in California

My husband was charged with a misdemeaner for petty theft, when he just turned 18, and he served 30 days. He was hassled about 2 years ago by police making it seem like he was a criminal. My husband is 41 and has never been in any trouble like that ever again. Is there any wazy we can get that petty theft espunged from his record?


Asked on 1/17/10, 1:32 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Your husband sounds like a good candidate for expungement. I suggest that he hire a lawyer to handle this; it's something lay people can do, but lawyers are much less likely to make fatal mistakes.

Good luck.

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Answered on 1/22/10, 2:40 pm
Terry A. Nelson Nelson & Lawless

Yes. Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of probation [or at least one year] 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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, he 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. If he is serious about doing so, and thinks he qualifies, feel free to contact me for the legal help you'll need.

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Answered on 1/22/10, 3:17 pm


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