Legal Question in Criminal Law in California

Expungement Lawyer

I'm an 18 year old female cited for petty theft. I've never had any problems with the law before. My crime was stealing food from a grocery store because I had a psychological illness associated with anorexia.

Should I plead nolo contendere when I go to court? Should I get records of my mental illness, and if I show records of my mental illness to the judge, will he/she be more lenient?

When or will it be possible to expunge my record? And will I need a lawyer for an expungement?


Asked on 9/16/04, 12:42 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Expungement Lawyer

I urge you to talk to your Mom or Dad or other family member and ask them for money to hire a lawyer. Only a lawyer you retain is going to have a prayer of getting you off, especially on a mental health-related defense. Showing letters to the judge is not going to help you, he or she will not consider them except possibly at your sentencing. You do not want to plead nolo contendere if you can avoid it, because a theft conviction on your record could prevent you from getting many types of jobs. Also, a second conviction for petty theft is a felony, and there are lots of people, especially women, doing state prison time for repeat petty theft offenses.

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Answered on 9/16/04, 1:37 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Expungement Lawyer

Hi there. You should not plead no contest without first consulting an attorney. If you can't afford an attorney, the court will appoint a public defender for you, but consult an attorney first. From your zip code it appears as though you are in the Alameda County area. I'm in Berkeley and if you want to discuss your case I would be happy to talk to you. I offer free consultations.

A petty theft may seem like a small deal but it can have serious consequences for you later in your life. If you pick up another petty theft in California in the future it can be charged as felony if you have a prior theft conviction. If you have a job that requires you to be licensed or bonded now, or in the future, a petty theft conviction can prevent your ability to get licensed of bonded. If travel outside the United States a misdemeanor conviction can prevent you from entering certain countries like Canada, for example.

You may have options other than pleading to the case. Some counties in the Bay Area offer a diversion program for first time petty theft charges and some offer a deferred prosecution. Both of those options allow you to avoid a conviction.

If you are not a citizen of the United States a petty theft conviction can affect your imigration status, ability to naturalize or re-enter the coutry if you leave.

So, the point of all this is to make sure you talk to a lawyer before you make a decision that can affect the rest of your life.

Elena Condes

[email protected]

Tel: (510) 525-4243

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Answered on 9/16/04, 3:49 pm


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