How to Get a Petty Theft Charge Expunged From Your Record

Having a charge expunged from your record means that it will be either wiped off your permanent criminal record or that the documents and records pertaining to your petty theft arrest or conviction will be sealed or destroyed. Getting a petty theft charge expunged from your record can facilitate easier employment, travel and acquisition of business or professional licenses.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet access
• Legal representation

Expunge a Petty Theft Conviction From Your Record

1. Find an attorney familiar with cases of expunging charges. Though legal representation is not required during the process of having your record expunged, having an experienced professional working for you greatly increases your chances.
2. Prove your rehabilitation. In most jurisdictions, you will have to avoid further arrest for a specified period of time in order to qualify for having a charge expunged. Check locally for specifics.
3. Obtain a certified copy of the final order of the petty theft conviction you want to get expunged. The clerk's office from the court where you were convicted can provide this.
4. Fill out any necessary application forms and pay any applicable court fees when you submit the application to the court. File your documents with the court clerk's office and keep your copies of the documents secure. You will need them at your hearing.
5. Watch for your hearing date, which will be sent by mail. Don't miss your hearing.
6. Prepare remarks for the judge. You are likely to be asked why you think you deserve to have the conviction expunged. Be prepared to prove your case by pointing to specific examples of your rehabilitation.
7. Attend your hearing with your lawyer, if you hired one. Be respectful and on time. The judge will make a decision about whether or not your record will be expunged at your hearing.
8. Learn more about who qualifies for expunging a conviction and the legal proceedings at the Electronic Privacy Information Center (see Resources below).
9. Investigate your rights at the American Civil Liberties Union Web site (see Resources below).

Tips & Warnings

• You are guaranteed fair and equitable treatment under the law, free of prejudice, by the United States Constitution as well as international law.
• Be aware that restrictions exist that may prevent you from being able to have your petty theft charge expunged. If you were convicted of petty theft before, have other criminal charges currently pending or have already had a conviction expunged in the past for a different crime, you may not be able to expunge your current petty theft conviction.