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How do i get rid of a misdemeanor for theft/shoplifting ??

Houston, TX |

in 2009 my husband and i were homeless and hungry. so we stole $50 of stuff to sell to get cash for a hotel or food. well we got caught and sent to jail. my husband was let out on a PR bond, while i had to stay a couple more days and paid by time in jail. The lawyer that represented me said that if i plead guilty that it would show up on my record as a class c misdemeanor and it would look like a traffic ticket. and the lawyer that represented my husband told him the same thing. well i assume that my case was dismissed or discharged i dont know the terms. point being i was let go, no probation, no community service or fines. well now i cant get a job because it does come up on my background as theft. and i was convicted. i was told i cant get it off, but there has to be something i can do.

i have not since, stolen or been in any trouble, as a matter of fact, it was my first offense, and i just dont feel like its right that for someone that hasnt done anything before that or since then to be punished like this for 7 years. im in desperate need of employment but i cannot get one because of that and my husband as well. I also would like to become a CNA and possibly an RN but i know i cant with that on my background. Its been almost 3 Years but it might as well have been yesterday because it affects me the same way. I REALLY NEED HELP !!!

Attorney Answers 3

Posted

Unless you received deferred disposition, you cannot seal the record. If you did receive a deferred disposition, you can file to seal your record with the county court in which you were convicted 2 years after you complete your deferred disposition. You will need to check your record to see what your sentence was. Good Luck.

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Asker

Posted

I'm not sure what a deferred disposition is. And I am not in the best financial position right now to get a background check although I've tried to get a free one online they pretty much all charge and I definitely don't have any money for an attorney. Is there any way I can get it done for free. If so please let me know. And thank you so much for your help :)

Asker

Posted

And does a conviction really stay on my record forever not just 7 years ? Even for a small thing like shoplifting because I don want this anymore I woul like to be able to get a career one day.

Posted

You might qualify for a pretrial diversion. This could be better than probation.

I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.

LEGAL DISCLAIMER:

Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below.

Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.

By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

eric@dicklawfirm.com
www.dicklawfirm.com

I offer free consultations and am quite familiar with family judges in Harris County and nearby counties. LEGAL DISCLAIMER: Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below. Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. eric@dicklawfirm.com www.dicklawfirm.com

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Posted

I think Mr. Dick is incorrect when he advises you that you qualify for pretrial diversion. "pretrial" means before trial, and unfortunately it sounds like you have already entered a plea. Pretrial diversion is not an option after the fact.

As the first attorney indicated, you should pull the records and speak to a local attorney who understands non-disclosures and expunctions. A deferred disposition (if it was in fact a deferred and not a final conviction on a Class C) can be sealed if it was completed successfully and dismissed.

(As a final note, if this is a conviction, it is on your record for life in Texas, not seven years.)

Good luck.

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