Committing and getting convicted for a criminal offense will typically attract a penalty. In some cases, there will be fines or probation, while others will be characterized by sentences in a state prison. Depending on which side of the fence a person falls on, it may be possible for them to have their record expunged.
Thanks to California Penal Code 1203.4, someone can be released from penalties associated with a past criminal conviction, provided that certain circumstances are applicable. Below is a look at what this may mean for those convicted of embezzlement under California law. Our team can share insight on how to expunge cybercrime charge in CA as well.
How Does Criminal Conviction Expungement Work in California?
As indicated before, the idea of expungement is governed by California Penal Code Section 1203.4. A guilty individual is allowed to withdraw their no contest or guilty plea once the probation or sentence requirements have been satisfied.
Should the court grant this motion, the conviction will then be expunged from the public record. Note, however, that this does not completely give the requestee the status of an innocent party. Law enforcement and other legal entities are still able to see a California conviction after it has been expunged.
In any case, going through this process can provide great relief to previously convicted persons. They gain the ability to legally indicate that they have no prior convictions, which greatly increases their chances of acquiring housing or employment. For more information, expungement attorneys in Sacramento may be able to help.
Prerequisites for Criminal Records Involving Theft
If the aim is to go through the expungement process for a crime that involves some kind of theft, there are special requirements that must be met under Penal Code 1203.4. These are as follows:
All terms of the sentence for the offense must have been completed. This includes elements, such as probation time, payment of any fines, community service, restitution, etc.
There should be no other convictions. Whether these are new or pending criminal cases, they will prevent the expungement from happening.
If the convicted person was granted probation, it must be at its end in all applicable ways. Note also that there are some cases in which an application may be made for early termination of probation. Any such successful application can speed up the process of a California expungement.
What Kinds of Theft Charges Can This Legal Process Apply To?
Now, it is time to take a look at what kind of theft-related past conviction is eligible for expungement in California. Again, this will require that the person meets the requirements that have been outlined above. Goss Law can also explain how to expunge tax evasion charge in CA.
Petty Theft
Petty theft speaks to unlawfully taking property valued at under $950 from another party. It falls under the misdemeanor offense umbrella. Should someone be convicted of this offense, expungement is a possibility, provided that all terms of the sentence have been met. These may include probation, community service, or restitution.
An example of this kind of offense is a situation in which someone walks into a tech store and steals an item worth $700. This person is then convicted, and a punishment is handed down. Once that punishment has run its course, then an expungement petition is acceptable.
Grand Theft
This is the next step up from the previous offense. Grand theft refers to situations where property that is valued at over $950 is unlawfully taken from another party. Certain felony convictions revolve around offenses that are sometimes classed as misdemeanors. It is possible for grand theft to be tried as either. The result purely depends on the circumstances that apply to the situation.
Note that a grand theft that is a felony is not eligible for expungement as is. However, it is possible to have the offense reduced to a misdemeanor, thanks to Penal Code 17(b).
An example of grand theft is a situation in which someone chooses to steal a guitar worth $2,300. This may see the convicted party facing a felony. If the person successfully manages to have the conviction reduced to a misdemeanor offense, then it will be possible to seek an expungement.
Shoplifting
This offense is committed when a person enters a business establishment and intends to steal items that yield a value of less than $950. With reference to Penal Code 459.5, such an occurrence will usually be handled as a misdemeanor offense. Therefore, anyone who is convicted will usually be able to seek out an expungement, so long as they have satisfied the requirements of their punishment.
A shoplifting example is a situation where someone enters a convenience store and steals items with a total value of $700.
Embezzlement
This is the main focus, and it happens when someone is entrusted to manage property that they then choose to steal. Embezzlement can either be tried as a misdemeanor or a felony. The difference will usually boil down to the circumstances of the case, such as the value of the property that was stolen.
As was the case with grand theft, a felony conviction surrounding embezzlement must be reduced to a misdemeanor before expungement is on the table.
If an accounting manager is convicted of stealing $10,000 from the employer, this offense would be embezzlement and may or may not be tried as a felony.
The Process of Having a Criminal Record Expunged
The requesting party or their attorney must file the expungement petition in the court where the conviction took place. A case review will follow, which will consider the extent of sentence compliance.
The prosecution will be allowed to weigh in during a court review, which means they can provide reasons for or against the request.
A court hearing will occur in most cases. During this time, the convicted party or their attorney may present evidence to support the request. Should the court see fit, it will be granted.
An approved petition will see a guilty plea withdrawn and the case dismissed. Additionally, the public record will no longer include the conviction.
Why Bother Expunging Criminal Charges?
There are many reasons why a convicted party may want their record expunged. These include:
There is a certain peace of mind that comes with being able to move on with a life that doesn't have the stigma of being a convict.
Expunged convictions will not be seen by landlords who conduct routine background checks, which makes housing more accessible.
A person with an expunged record can legally state they have never been convicted to gain employment.
Schedule a Free Consultation with an Experienced California Criminal Defense Attorney Today!
There are undoubtedly great quality-of-life improvements that can come from the expungement of a record. However, the process is complex. Thankfully, Goss Law has the experience you need on your side. Schedule a consultation with us today!
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