How to Expunge Theft Charge in CA: A Guide

A petty theft conviction can create obstacles when applying for professional licenses, housing, and jobs. Having this charge on a criminal record can be daunting, but it is possible to get it expunged and clear the person's name for a fresh start.

If the petty theft conviction was a misdemeanor, it will likely qualify for expungement under California law. However, the process is confusing, so it's often best to work with a reputable attorney who can also advise on how to expunge robbery charge in CA. Likewise, it's wise to understand what it is and how it works.

What Is Expungement?

Under California Penal Code 1203.4 PC, expungement allows one to withdraw a no contest or guilty plea, effectively having the case dismissed. When granted, that conviction will no longer appear on most background checks.

There are many benefits of expunging a conviction. For example, most employers can't see it in background screenings. Plus, the person can legally state that they haven't been convicted of a crime on job applications.

While expungement is great, it doesn't completely erase the person's criminal record. Law enforcement and some government agencies can still see the misdemeanor. However, it does eliminate the conviction for employment and other situations.

Can a Petty Theft Conviction Get Expunged in California?

Generally, a petty theft conviction could be expunged if one meets the requirements.

Typically, California charges petty theft under one of these laws:

California Penal Code 484(a) PC

California Penal Code 484(a) PC covers petty theft offenses that involve stolen property valued at $950 or less.

California Penal Code 490.2 PC

With this law, which was established under Proposition 47, some theft-related criminal offenses were reclassified to misdemeanors instead of felonies.

Could a Felony Theft Conviction Be Expunged?

Felony convictions cannot be expunged. Still, an attorney can get the theft charge reduced to a misdemeanor first.

Once it is considered a misdemeanor, the case can be expunged. However, all other requirements must be met, such as a successfully completed probation and no new charges.

Who Can Qualify to Have a Petty Theft Expunged From A Criminal Record in California?

One must meet the following criteria to be eligible for an expungement for a petty theft conviction in California:

• Completing All Sentencing Requirements - This includes community service, fines, and probation.

• Not Serving in State Prison - A person can't serve their time in a state prison. However, a county jail sentence won't disqualify them, which is where they often go for a misdemeanor.

• Not Facing New Charges - One cannot be facing new criminal charges or be on probation for any other offense.

• Successfully Completed Probation - The person must complete the probationary period. If they are still on probation, an attorney could petition for early termination.

When the person meets all the requirements above, they could be eligible for expungement. An attorney can assist them with filing a petition to clear their record.

Can a Person Get an Expungement if They Violated Probation?

Even if a person violates probation, they might still be eligible for an expungement. Still, the court will consider various factors before deciding, such as:

• The Violation Severity - A minor infraction can include missing a court date. This might not weigh heavily against the person, whereas committing a new crime would.

• The Person's Overall Behavior While on Probation - After probation ends, the court will look at how the person did during this time. Did they show up for rehabilitation and go along with most/all of the terms?

• Whether the Expungement Serves Justice - The judge will likely grant an expungement if it benefits the person's future and aligns with the law's intent.

If it was a minor probation violation, and the person followed the general requirements, a criminal defense attorney may still argue for expungement based on rehabilitation and good conduct.

Length of Time Required to Expunge a California Criminal Record

Generally, a petty theft conviction in California can be expunged, and it will take anywhere from three to six months. However, the amount of time varies based on these factors:

• Court Backlogs - Sometimes, courts process expungement petitions quicker than others. It depends on the caseload.

• Case Complexities - Cases that deal with multiple probation violations or convictions might require a more lengthy review.

• The Prosecutor's Response - A court hearing might be required if the prosecution objects to the expungement. This can extend the process.

While some things are out of the attorney's control, they should work hard to streamline the process by filing paperwork on time and correctly. For more information, a theft defense attorney in Sacramento may be able to help.

Advantages of Expunging a Petty Theft Charge

Overall, a person's future can be improved if they clear a petty theft conviction. Many landlords, licensing agencies, and employers will conduct background checks. A minor criminal record can create obstacles that are unnecessary.

The biggest advantage of expungement is that private employers can't hold an expunged conviction against a person. Therefore, it might be easier to get a job. Similarly, housing applications can be easier to navigate, as landlords can't reject someone based on past offenses.

Sometimes, an expungement can help the person avoid immigration issues and obtain or reinstate a state professional license. Ultimately, people shouldn't have to pay for a crime forever by not enjoying steady employment or a roof over their heads.

Beyond housing and career benefits, expunging a conviction will offer more peace of mind. The person has a clean record now and can move forward without fear that their criminal past will come back to haunt them. That will restore confidence in professional and personal settings.

Contact a California Criminal Defense Attorney Now

Clearing a petty theft conviction from a person's record can open up new opportunities for housing and employment. However, the expungement process is often complex, and a small mistake on the petition can lead to denials or delays.

Ultimately, it's important to have an experienced attorney to help you navigate the legal system. Goss Law will ensure that your California criminal record no longer prevents you from enjoying life. hey can provide insight on how to expunge fraud charge in CA as well.

Committing a crime and showing remorse go a long way to proving that you have learned from your past convictions. Telling the court this can be overwhelming, but we are here to help you get a fresh start. Request your free consultation today.