Legal Question in Criminal Law in California

petty theft

if you had a petty theft charge 25yrs ago and everything else on your record has been clean and then 25yrs later you get another petty theft charge what will the outcome or sentence be just a fine or prison time? shouldnt it have come off your record after 25yrs?


Asked on 6/12/07, 9:55 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: petty theft

Records are forever; for what should be obvious reasons; police need to know the history of anyone arrested. Your current charge should not be a major problem, but should be properly handled. Consult with an attorney to deal with it effectively. You should consider trying to get the original charge 'expunged' which would allow you to say 'no' to convictions on employment applications. Do that process before pleading or going to trial on the new charge. Feel free to contact me about either of these problems, I handle them frequently.

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Answered on 6/13/07, 12:34 pm
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: petty theft

The prior petty theft conviction (not charge) is still a prior. Your new charge will be petty theft with a prior which is a felony or a misdemeanor. (CPC 666) However, you must have done some time in custody on the first conviction for 666 to apply.

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Answered on 6/13/07, 6:58 pm


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