Can shoplifting charge & the actual arrest be expunged from my record?

Criminal Defense 6 views 5 answers
I have a pending misdemeanor for theft by shoplifting. A lawyer informed me that I may be eligible for a diversion program. If I complete the program will this charge still show as a misdemeanor on my criminal background record? Will the arrest still show?If so, is there any way for the charge & arrest to be expunged from my record? How long will I have to wait in order to have them expunged from my record? I am about to graduate from college. Will I be able to become a teacher or has this ruin my chance?

Attorney Answers

5
Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
If you complete the diversion program successfully, the arrest will be restricted (formerly known as expunged). Unofficial background check services may still show the arrest, but if an employer were to run your official criminal history the arrest would not appear.
0 upvotes
Noah Pines ·
If the case gets dismissed then the arrest can be restricted. The process depends on many factors. Hire a lawyer to make sure your career is not ruined.
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James Yeargan ·
If you successfully complete the diversion program then the arrest should be removed from your record. Depending on which law enforcement agency arrested you the expungement process can take anywhere from a few weeks up to a year.
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George Mccranie ·
Under the current Georgia laws if you are CONVICTED of the charge it will remain on your Georgia criminal history and does not "drop off" after a certain number of years. If you are eligible and complete the Pretrial Diversion program this charge should be "restricted" on your criminal history and an employer should not be able to see the charge. If you complete the Pretrial Diversion program - you should be able to honestly answer that you have not been "convicted" of this crime. However, you should check the policies surrounding Georgia teacher licensing. There is the issue of "collateral consequences" where some licensing authorities view a successful pretrial diversion as a conviction. The theory appears to be that even though you weren't actually convicted of the crime, the licensing board may treat it as a conviction because you faced the same punishment on pretrial diversion as you would have if you were convicted. I hope this information is helpful to you. Please research the specific policies of the Georgia teachers certifying authority for additional information. Good Luck! George McCranie www.mccranielawfirm.com
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Stephen Cohen ·
Check with an administrative lawyer.
0 upvotes

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