Question: I was convicted with petty theft first time offense. Is it likely that I can get a first time petty theft conviction expunged? I have been on probation for a year but need to complete 3 years of probation. If I can get it expunged will it still show up on a background check ?
Answer: I have been very successful getting theft convictions dismissed pursuant to PC 1203.4, often times referred to as an expungement.
If you were sentenced to 3 years of probation then you will not be able to file for the dismissal of the conviction until probation is over. The good news is that there is a separate process of motioning the court for an early termination of probation.
Further, based on a recent change in statutes pertaining to certain misdemeanor convictions including petty theft, it is now much more likely to get probation terminated after completing a year of probation if the case is not in probation violation status.
Based on the limited information I have from your post, you are in a good position to get probation terminated early. Once we do successfully complete that we can move forward with the dismissal petition (ie. expungement) .
In regards to how getting this done will favorably impact your criminal record, see the following link: Getting your conviction dismissed
Call me at 818-336-1384 and we can get going on handling this for you immediately.
Sincerely, Philip Hache, Attorney