I got caught shoplifting a month ago and i was jailed for 4 days. I was charged for 459 burglary. I'm 18 years old right now. I want to know if i'm a felony or if my case is going to be erased?
Yes of course, unless you file a factual innocence if the charges were dropped. However, I'm sure you were given a ticket or a notice to appear in court for this.
If so, you still have to fight this case.
Feel free to give me a call with any questions, I'd be glad to give you a free consultation.
Your question isn't very clear. Are you asking whether the case will be dismissed because it's still ongoing? Evidently, you were charged with 2nd degree burglary because it was a commercial burglary. If you pled guilty, then the conviction is on your record permanently. Once a conviction is on you record, it doesn't simply drop off like a point on your DMV record. You may be able to petition the court to expunge your record someday, but not until you complete the probation period. Since you were arrested a month ago, I'm guessing that's going to be a while.
First never ever plead guilty or admit guilty without consulting with a lawyer.
Your arrest will be on your RAP sheet forever unless you get it sealed via court motion and prove your innocence.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
With the information provided, I can't tell whether you've been convicted yet or even charged. OR maybe you simply have received a notice to appear and you are awaiting for first court appearance.
Whether it will be charged as a misdemeanor or a felony depends on the alleged amount stolen. If this is your first offense and the amount is low, say below $200, there's a good chance it will be filed as a petty theft and a misdemeanor burglary. If you are convicted of the offense, it will stay on your record as a conviction unless and until you obtain expungement relief (PC 1230.4). If the amount is very small, under $100, you may be able to get a pre-judgement diversion or get the chance to "earn" a dismissal by doing some community labor.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline