If Istole $2500 and admitted to it, will I serve jail time?

UPDATED: Feb 28, 2011

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If Istole $2500 and admitted to it, will I serve jail time?

About 4 years ago I was charged with a petty theft crime but the judge gave me the option of having that deleted from my record. Would that be used against me in this situation?

Asked on February 28, 2011 under Criminal Law, Hawaii


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A petty theft crime is usually the theft of something minor or worth very little. Every state is different in terms of how much is considered to be the threshold to still be considered petty theft. You got lucky because the judge probably saw you didn't have any minors, were probably young and known in the community and the judge gave you an alternative conviction or the ability to get it expunged. If it has been expunged, you need to find out if it was your conviction that was expunged/deleted from your record or did it also include your arrest. While an arrest is not considered a bad act per se, it can be used against you in your current charge, which appears to be more a felony charge.  Your jail time will be dependant on how effective your counsel is plea bargaining this out, or if the charges against you are purely circumstantial or weak. Have your counsel run a report to find out if your arrest is still on your record or on your credit report and if your conviction has indeed been expunged.

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