Legal Question in Criminal Law in Hawaii

shoplifting- criminal law

A friend was arrested for shoplifting

while in Hawaii. She went to court

and paid a $250 fine for stealing a

$50 item. Will this be on her record?

When filling out a job or credit

application and they ask if ever

arrested, does she have to check

'Yes'? If yes, is there a period of time

when this will be erased from her

record?


Asked on 6/24/09, 9:04 pm

2 Answers from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: shoplifting- criminal law

This matter is under Hawaii State Law. You need to contact an attorney licensed in Hawaii who concentrates in criminal law.

I can tell you this, the amount of the fine is not as pertinent as the charge that they plead.

As for the questions asked her by potential employers, most if not all employers will not ask if she was ever arrested, they will ask if she was ever convicted of a crime and many will only as if she was convicted of a felony. That being said, if asked if she was ever arrested, the answer is yes and that will most likely never change, if the question is if she was ever convicted of a crime, that depends on what charge she plead.

As for a felony, petit larceny is never a felony and that should not be a problem.

I do not know what Hawaii law is on expunging or sealing the record but New York State does not have any provision to seal a record, the record stands for life.

If I can be of any further service you can contact me at 516.746.4747 or [email protected]

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Answered on 6/25/09, 12:15 pm
Rustam Barbee Rustam A. Barbee, Attorney at Law

Re: shoplifting- criminal law

Unless her plea was entered as a deferred plea, she will have a petty misdemeanor criminal record. If it was a deferred plea, she cann apply for expungement.

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Answered on 6/25/09, 2:06 pm


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