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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

  1. 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.

  2. 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.

  3. 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).

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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