Criminal Records, Expungement Can a misdemeanor not be on my criminal record at all (besides getting it expunged)?

I was caught for petty theft of $37 at a store. I was not arrested and didn't spend any jail time and was allowed to come back to the store. I only had to sign a few papers for restitution and a paper from the police dept stating that I will get a citation with a court date in the mail. I was released since I didn't have any prior offenses (I'm 22 with a clean record before this). I committed the crime because of depression and wasn't thinking clearly. I haven't received my citation letter yet and was wondering if there is anything I could say or do (pay a fee, community service, etc) for that misdemeanor to not appear on my criminal record at all? I should emphasize that I was not arrested, did not deal with any police officers just loss prevention, not on probation, not convicted (I don't think and how would I know if I was?), didn't spend any time in jail. and I was 22 during the time it happened. I just want to know if there's anything I could say/do to convince the DA to drop the case and save them the trouble of having to file a misdemeanor on my record. Also, should I have an attorney present when I meet with the DA? Thanks!

If you have not been charged, perhaps the DA does not even HAVE the case. If the theft was recent, you might just want to wait and see what happens.

If you have to go to court for arraignment (i.e. you get cited) then it would be best to have an attorney.

- Carl

In general when Police are called criminal charges are filed. You were arrested just not by Police. You were arrested by Loss Prevention a citizens arrest. No do not talk to DA without an Attorney. If you are charged ask your Attorney about Diversion as possible plea deal. You can also visit the link in my signature line. The forum site there deals with just these type issues

You know, I don't mean to be rude or pesky but its pretty disingenuous to blame a petty theft on "depression." I can buy that you weren't "thinking clearly" but its pretty important in the world to face responsibility and consequences. You characterize the crime as "petty theft" instead of shoplifting (maybe that is what they call it in your state). You further talk about being 22 like it is a mitigating factor. 22 is old enough to know better and blaming your actions on depression and not thinking clearly is an attempt not to own them.

You stole. Which makes you a thief.

Now I understand this is a legal advice board and not a moral board. I hope my comments will help you, I'm not just trying to beat you up. Diversion is the course for you. Take an attorney or get one appointed and they will get you into some sort of 1st offender program. The Judge is going to want to know that you GET IT. What you did was wrong, and you deserve to suffer the consequences which include being branded as a thief.

Diversion programs are for 1st offenders who get it. Go in there understanding that you did wrong. Go in there taking RESPONSIBILITY for your actions and admitting that you DESERVE the consequences. When a Judge sees that he/she is going to want to give you a second chance. The point of diversion is that you "learn a lesson" and therefore get the MERCY of avoiding the natural consequences of your actions.

The only reason I'm being hard on you and trying to make you face the ugliness of your actions is that if you are MERCIFULLY able to escape the consequences of your actions without that realization of how wrong you were, you will feel like you "got away." If the lesson isn't learned, we will see you here again. Next time, it may not be so "petty."

I wish you all the luck in the world. I feel confident that you can get this behind you and NOT suffer lasting consequences. I pray that you learn from it by taking responsibility so that you don't make those poor choices again.

GOOD LUCK.

I agree that most of the time "depression" is a poor excuse but sometimes people just feel so desperate that momentarily they don't care about the consequences. These are very, very tough times. $37 isn't a large transgression as suffering a serious loss of good sense such as assault or grand larceny. Still, while I do sympathize, depression cannot really be used as a defense against such a crime. For this amount, perhaps you can minimize or mitigate the damages and work out some type of probationary plea and learn a hard lesson. If you can have an attorney present, it could very well help your case. Nobody can know for sure but, if this was me, I'd want one present and consider it a hard lesson, whether or not it ultimately makes a difference.