Legal Question in Criminal Law in California

how long does a petty theft with a prior carry,and can a strike be overturned.


Asked on 5/23/10, 3:05 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Strike overturned? NO. Records are forever, and priors may count as 'strikes' in future charges. Striking priors as enhancements can be sought by your attorney during negotiations with the DA as a part of plea bargaining.

However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only if tf it was not for certain sex and Domestic Violence crimes, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. 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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Answered on 5/25/10, 11:55 am


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