18 was given a ticket for shoplifting for 25.00 can it be taken of my record?

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1. Licensed in TX

   

   Charles Soechting

   Dallas Criminal Defense Attorney

   Contributor Level 17

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   Answered April 19, 2011 07:51. It all depends on how it is charged and how you resolve it. If it is a class C misdemeanor, which it should be given the amount alleged, you need to successfully complete a deferred adjudication. If you successfully complete a deferred, then after a 2 year waiting period you can move to expunge your record and it will be removed from your record permanently. If you just plead guilty, or pay the fine, it will be a final conviction and will be on your record forever which is obviously not what you want.
   
   Hire an attorney if you can to help you negotiate minimal terms on the deferred to help you complete it successfully. I assure you, the money charged today will be worth it in the future.
   
   Good luck.

   • Probation Basics in Texas

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2. Licensed in TX

   

   Cynthia Henley

   Houston Criminal Defense Attorney

   Contributor Level 20

   Answered April 16, 2011 20:10. In order to save your future record, you need to get a deferred on the case. Some call it deferred adjudication, others call it deferred prosecution - different courts, different terms but in Class C land (municipal / JP court) it means the same thing.
   
   On the probation there will be some requirements of you including community service and possibly an anti-theft class. The probation is normally about 90 days. You cannot get any law violations including NO traffic tickets. Once the probation period is over, the case is dismissed completely.
   
   Once you serve out the deferred, you must wait 2 years before filing a petition for expunction in civil district court to remove the case completely from your record. In the interim, if you serve out the deferred, it is not likely that employers will find it because it is not reported to a central agency.
   
   If you contact the court and ask about a deferred and they will not help you in getting it, or you go to court and the prosecutor declines to give it to you, ask for a reset and hire a lawyer.
   
   BTW, it is not a "mistake" to steal. It is a crime of moral turpitude that could affect you for the rest of your life if it is not handled correctly.

   Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... moreAlthough I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us. less

   • shoplifting
   • deferred disposition

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3. Licensed in TX

   

   Toni Sharretts

   Houston Criminal Defense Attorney

   Contributor Level 10

   Answered April 17, 2011 15:31. It can come off if you got a DADJ and it was a class C misdemeanor, you can get it expunged after a 2 year statute of limitations period has run from the time you pled.
   
   If you pled guilty on a straight probation, it will stay on your record.

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4. Licensed in TX

   

   William HinesPro

   Austin Criminal Defense Attorney

   Contributor Level 7

   

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   Answered April 18, 2011 11:58. You may be eligible for an expunction if the charge was dismissed. If it was filed as a "Class C" offense, even if deferred adjudication it can be eligible for sealing the record.

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