San Francisco, CA asked in Criminal Law and Immigration Law for California

Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and since i cant ring myself up, i had to wait for a coworker later on that day to do it. At the end of my shift, i completely forgotten that and the fact that i was wearing the shirt. The following day, i did come back to the store and brought along with me the tag to pay for it. I was never able to explain or tell any of these infos to anyone during my court appearances to anybody involved. I only had one interaction with my lawyer back then and all i remember being told was that my charge was reduced to infraction and some fines ive paid after, all i had to say was "no contest".

Knowing what i know now, it has kept me from applying for naturalization and kept me wondering could have i changed it

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide significant benefits, especially when it comes to applying for naturalization. The process typically involves filing a petition with the court that handled your case and demonstrating that you have met all conditions of your sentence and have not committed any further offenses.

It may be beneficial to consult with an attorney to guide you through the process and improve your chances of a successful expungement. This step can help clear your record and potentially open up new opportunities for you.

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