Legal Question in Criminal Law in California

getting misdemeanor petty theft expunged

I need to get my misdemeanor petty theft expunged from my criminal record. I shoplifted at Costco on Nov 30, 2008 and pled guilty on Jan 21, 2009. My sentence was ''booking and release, 3 days community service, $156 in fines, 2 years informal probation''... I completed everything and thought if I continue on good behavior until the end of my probation, I would be able to get it all expunged after my probation is over. Turns out that with my profession (occupational therapy) the Department of Justice contacted the school district I work in and got me fired and then they also contacted the California State Board of OT and my license is currently in trouble.

I'm going to court tomorrow with my lawyer that I hired right after getting fired from my work. I never thought my petty theft conviction would have such severe consequences. My lawyer said he will try to withdraw my plea and use the evidence we collected (my resume, college graduate degrees, letters of reference, essay, etc.). Then if possible, we will try to get the case dismissed or strike a deal with the judge and district attorney.

I am still very nervous about everything even though my lawyer is experienced in this type of criminal matters. Any advice?


Asked on 2/16/09, 12:30 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: getting misdemeanor petty theft expunged

This advice is not for you, but for other people who might read this. This is a good example of what happens when you don't hire a lawyer until after the case is over, and you've lost.

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Answered on 2/16/09, 12:43 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: getting misdemeanor petty theft expunged

Ask your lawyer to check into diversion. If the prosecutor and court will permit it, and you successfully complete diversion you can get the case dismissed.

Also, if the value of the amount stolen is $50 or less, and the prosecutor agrees, you can get an infraction.

Finally, if at all possible, you want to avoid a sentence involving even one day of jail time. A petty theft with jail time makes it a priorable offense - meaning that if you are accused (whether you did it or not) of petty theft in the future, it can be charged as a felony.

So ask your attorney to negotiate a non-jail sentence (even if it means waiving credit for time served).

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Answered on 2/16/09, 4:07 pm


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