How do I clear my record if I just got charged with a misdemeanor for shoplifting under $20 worth of merchandise?

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How do I clear my record if I just got charged with a misdemeanor for shoplifting under $20 worth of merchandise?

I want to get the charge expunged from my record. I know that there is a program that I can do that will do that but what is it called? I know there is a theft class, community service and possibly probation involved.

Asked on October 3, 2014 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In such a situation as this, assuming that you have no prior criminal record, the court will allow for "diversion". This is an alternative sentencing remedy that allows a person to clear their criminal record upon its successful completion. The way that it works is as follows: the defendant goes to court and enters a guilty plea. The judge then issues probation typically consisting of community service, payment of the fine and/or resitution, etc. If the sentence is fully completed, the plea is withdrawn and the case is dismissed. Your will be left with a clean criminal history record.

At this point you may want to consult with a criminal law attorney. Diversion is only available to first-time offenders. If they can get the charge dropped on a technicality or the like, then diversion would be available to your son in the future should he ever need it (hopefully not).


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