Legal Question in Criminal Law in California

Petty Theft 484/488

I am 18 years old and I have been arrested for petty theft PC 484/488. I took an item that was $40 from a grocery store, and now I've been summoned to appear at the superior court in Walnut Creek. I have a clean record with no prior criminal charges. My record was completely clean before this happened (not even a traffic ticket). What should i expect, especially for someone with no priors. What is the difference between pleading guilty or pleading no contest? After probation and everything else, if I get my record expunged, what will show up on my backround checks?


Asked on 7/01/06, 5:17 pm

2 Answers from Attorneys
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: Petty Theft 484/488

A "guilty" plea results in a conviction and finding of guilt. A "no contest" or "nolo contendere" plea is a guilty plea in the criminal court, but it can never be used against you in a civil lawsuit. An expungement is a dismissal under Penal Code �1203.4. More specifically, it is a withdrawal of the guilty plea or reversal of the verdict of guilt; then an entry of a "not guilty" plea, and then a dismissal. The reason the statute is written this way is to effectuate its purpose -- to relieve a person of the penalties and disabilities of the conviction. As such, for private employers, you can legally answer that you have never been convicted of the crime. Legally, the conviction is deemed never to have existed. This, however, is to be contrasted with dealings with the governement (ie, military, licensing,etc.), where, despite the expungement, you must disclose the fact of the earlier conviction.

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Answered on 7/02/06, 1:35 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Petty Theft 484/488

There is no difference between pleading guil;ty and no contest. Either way, you'll never be employable again. A theft conviction will always be visible to prospective employers and will disqualify you even if you get an "expungement."

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Answered on 7/01/06, 7:48 pm


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