How can I get a retail fraud misdemeanor removed from record?. Its been 2yrs and 3months since the offense happened.

You are eligible to have it expunged, but not until after five years after you were convicted. You will be eligible but the timing is premature for right now. You could request a governor's pardon in the meantime. However, that would be unlikely.

You would appear to be eligible for a Set Aside Conviction / Expungement . . . in another 2 years and 9 months unfortunately. Statute regarding Set Asides requires a five year gap between the conviction and the Application. In incredibly rare circumstances, a Defense Attorney can convince a Prosecutor to re-open and Nolle (dismiss) a case after the fact. That said, I have never seen or heard of that being done on a theft offense, which is what a Retail Fraud - 3rd conviction is. Sorry for the bad news. Best of Luck.

You have go five years after any ptrobation ends.

Setting aside a conviction requires that 5 years pass from completion of your sentence which appears from your statement to be January 2013. In order to expunge (set aside a conviction) you can only have one conviction (there are exceptions). Once the 5 year time limit has expired you can apply by filing the appropriate request with the Court where the conviction occurred. There is a pre-printed form which can be found online called a SCAO form, which will set forth the instructions to the process.