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First-time Shoplifting Arrest: Misdemeanor or Dismissal on my record? (Diversion program, court fees, fingerprinted)

Pleasanton, CA |

1st offense. Petty theft. March 2010. California. Held at loss prevention room from department store after leaving with clothes at $110. Police officer came and took ID/wrote slip for court date. Went home after. April 2010 court date with public defender. Never served jail time BUT did get fingerprinted at the jail. $400 restitution fees to store. Pleaded no contest. Result was $100-$200 in court fees, 6 months probation, and 1-day anti-theft class. With the judge’s permission, public defender appeared in my place at the follow-up court date in fall 2010. I think first offense + diversion class means I was not convicted of a misdemeanor. But I had to get fingerprinted at the jail... I need help determining what is most likely on my record please! Thank you!!

Attorney Answers 3

Posted

Rather than guessing, you should contact the public defender's office. They can easily pull your file and tell you what the disposition of your case was.

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Asker

Posted

Thanks for your answer. I am out-of-state and looks like the only way to get the PD to pull my file is to go in person to confirm my identity. I am mailing in my written request to pull the file and get disposition copies from the court, but that is a lengthly process from east coast to west coast. I was wondering if there was an immediate way to check my disposition rather than a 2-3 week process.

Jared Christian Winter

Jared Christian Winter

Posted

You could call the criminal court clerk and see if they will provide the details of your disposition over the phone. If you need copies of documents, however, you'll either need to wait for the court to produce them (will take a while) or hire someone to physically go to the court and get copies of your file.

Posted

Check with your PD to see if you did in fact get diversion-- if so, you will not have a conviction on your record. You can probably get the information from the secretary or the front desk, though it may take a while for them to find your case file. The citation will still appear on your no matter what the outcome of the case, as well as the booking.

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Asker

Posted

In my case I am out of state and the PD will not release any information over the phone. Criminal court records are available to view in person, but again cannot be requested by phone. I have to send in the written permission, copy of my ID, check/money order, etc by mail and it is a lengthly process--was wondering what the most probable outcome was while I wait!

Posted

Either contact the PD's office and ask them, or you might contact the court clerk's office and ask for a copy of your disposition. Also, you can get a copy of your criminal record from the police department (I think the fee is $25 in California).

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