Can a misdemeanor not be on my record at all (besides getting it expunged) if I was not arrested and didn't spend time in jail?
Question Details: I was caught for petty theft of $37 at a store. I was not arrested and didn’t spend any jail time and was allowed to come back to the store. I only had to sign a few papers for restitution and a paper from the police dept stating that I will get a citation with a court date in the mail. I was released since I didn’t have any prior offenses (I’m 22 with a clean record before this). I committed the crime because of depression and wasn’t thinking clearly. I haven’t received my citation letter yet and was wondering if there is anything I could say or do for it not to be on my record at all?
Criminal Defense Law Answers
With no prior record, it is possible, although unlikely, that the local prosecutor will not file the case. If you do receive the letter, your attorney may be able to use the fact that you were depressed to convince the prosecutor to reduce or dismiss the charge. Although alot of people suffer from "depression", this is not a legal defense. Obtain your medical records and give them to your attorney. You may also be able to convince the prosecutor to dismiss the charge by agreeing to do some counseling. Good luck.
By signing the letter you most probably acknowledged guilt of the crime. If your want to move for an expungement here's a link to a site that will explain further: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
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