This is for somebody that made the mistake of stealing from a clothing store. No, it is not me! This person just turned 18 and stole a pair of shorts that were like $30 +/- retail. He got caught and was put in loss prevention. Then the cops took him to jail. They released him and said he has a courtdate in October.

This was such a stupid mistake. Believe me, I scolded him enough for all of us, so please help him if you know what to do. Please do not state how stupid it is, or how much you hate thieves. Thanks in advance. He wants an expungement from his record. He lives in CA. How would he go about in doing it? Will he have to get a lawyer? Does he have to go through probation or community service, or both? How much will the fine be? Should he go to court and plead guilty, or should he fight for it? How can he get if completely OFF his record?

He is a great person that did this stupid mistake in the spur of the moment. He has a 3.0 gpa average from HS and college. He's not a bad kid at all. Like I said, just a stupid mistake. His first offense...

 

i wonder why he did it, maybe asking him that should help to understand what went through his mind in that moment. There may be a deeper meaning what drove him to steal the shorts. Yeah a lawyer might be able to argue that its a first offense and rather exchange jail time for some community service. I hope the judge isnt one of those old people who want to teach "these young people a lesson".

 

I'm quite sure there's no underlying issue with him about why he did it. I'm sure he won't receive jail time too. I just want it off his record.

 

In my basic knowledge of law, im sure that only a judge can do that or else its illegal. Only if it was proved that it was not him or if the case was dismissed for some reason then it can be removed from his record, by stating that it was an honest mistake (video surveillance will not help at all as its solid evidence, but eye witnesses can be proven as reasonable doubt). The easiest thing to do is to admit that he had it in his possession when he was confronted by security but he had no intent of stealing it. That shows that he has responsibility for his actions and it could have been an honest misunderstanding, and the judge might dismiss the case with a slap on the wrists. He must not be big headed about it and shout "not guilty" when he has the evidence against him (even eye witnesses), that shows the law that he might have a problem with respecting authority and the judge might be hard on him.

He must be fully honest with his lawyer as well as the lawyer can argue the best angle to the judge.

 

"I'm sorry your honor...I was being stupid (I should have hid them better)."

I have to say, at that age, you just do stupid stuff. Hell, they say males don't mature until they are like 27. I think a lot of us can atest to that. I have no real help here.

If he wants to get off, then he the lawyer is the best option. Depending on the judge, he might give a slap on the fingers and say don't do it again. If he decides to defend himself...then research, research, research. Subpoena any evidence that they may have against him (video, etc.) and figure out if there is a way to tear apart the evidence.

I'm not a lawyer...so there is probably better advice out there.

 

Alot depends on how he stole them.

Did he purchase something else or just take the shorts? His intent is what the judge will look at. Now if he went in and stuffed them in a bag or put them on under other clothes he is screwed and its petty theft that will haunt him forever.

Most judges won't buy the fact it was just a bonehead move and this is his first time stealing, the judge see's thisas his first time being caught.

Doubtful you can get it removed from his record. A high priced suit may be your only chance. Background checks are common for most companies any more and that will pop up. Hell Im in the construction industry and I do em.

 

Well, I think he has a decent chance of getting it removed, first offense, decent grades. Have his lawyer try to make a deal and get him deferred adjudication. Its like probation but after hes done the record goes away if he completes probation succesfully. Just make sure he goes to his P.O. religously, they dont like it when you miss.

 

here in ct, if its his first offense and hes older than 18 you can apply for AR which is accelerated rehabilitation. usually its just some community service and unrestricted probation which means no p.o. visits. you just cant get arrested again. and if he doesnt get arrested again on probation or i think a year afterwards it will get cleared off his record. been through the system several times on the east side but never on the west. if your unsure of the outcome. get a lawyer, they have way more leeway(sp) with prosecutors.

 

I fail to see how school relates. There are plently of 4.0 retards at college.

 

When he goes to the magistrate, it can either stay there or go "downtown" to adult court. Now....the judge can work with him(i'm guessing he is your little brother or something). Tell him don't lie, make sure he co-operates, and be 100% truthful. I don't know how your state goes but here in PA any retail theft under $150 is a 2nd degree misdemeanor...it has a fine of $50 to $500 plus court costs and restitution, but again don't know if its similar where the actual incident occurred. I'm sure the magistrate can work it out as to where it won't go on his record