Can i get this shoplifting charge expunged off my record?

Asked 10 months ago - Buford, GA

I was arrested for shoplifting $105 worth of merchandise at J.C Penny's. It is my first offense. I was told that i would get my court date in the mail (I haven't gotten it yet), but i was also told that if i were to do a shoplifters offenders program before i went to court that it would look better. Is that true? Another thing, is there any hope to get it expunged off my record with the Pretrial Diversion program ?

Attorney answers (7)

  1. Benjamin David Goldberg

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    Contributor Level 17

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    Answered . There's a pretty good chance that you're eligible for a diversion program which would result in dismissal of the case and restriction (formerly known as expungement) of the arrest. Hire a lawyer to guide you through this process.

  2. John Arnold Steakley

    Contributor Level 18

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    Answered . There are ways, yes, but they require a lawyer. Hire one.

  3. James Lawrence Yeargan Jr.

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    Answered . If you do a diversion program you will most likely be able to get this charge removed from your record. When you ask the prosecutor about the diversion program ask if they'll consent to expungement.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  4. Derek M. Wright

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    Answered . Research the requirements of the Pretrial Diversion Program of the Court which your case is in. Most PTI programs for shoplifting will require you to complete a program (some maybe online or some in person) so check to see which that particular Court requires. Participating in a PTI in lieu of prosecution is always a safe play and successful completion will usually come with the consent of the prosecution for the expungement. Again, do your research into that Court's program.

  5. Miya Yvonne Griggs

    Contributor Level 2

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    Answered . When dealing with legal issues contacting a lawyer that is experienced in that particular area is the way to start. Keep in mind that every jurisdiction is different and will offer different programming to different offenders depending on several factors. Once you've consulted a lawyer, try contacting the clerk of courts in that jurisdiction regarding your case.

  6. George F. Mccranie IV

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    Answered . There is a chance that you wouldqualify for a per-trial diversion program based on your lack of criminal history. You could try navigating the court system yourself, but I would recommend that you hire a criminal defense attorney to do it for you. If you are eligible for a pre-trial diversion program and you successfully complete it, the charge should be "restricted". Restriction is the current version of "expungement" under the new law in Georgia.
    Good Luck!!! George McCranie www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more
  7. Lisa Michelle Bassis

    Contributor Level 13

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    Answered . This turns on an issue of the law in your state. Assuming the existence and your eligibility for a diversion program (check the criteria), it should would result in dismissal of the case with no conviction. If you do this on your own, it may not count. Retain counsel, they can negotiate a resolution that will allow you to participate in a program as a condition of the disposition. Good luck!

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