[Lacasa]

Hi folks,
In 1975 at the Hudson Bay store I was charged with shoplifting a $12 item even though I had never left the store,I was 19 or 20 at the time.A Legal Aid lawyer represented me and had advised several times to just make it simple and plead guilty as it was not a big deal and there would definatley not be aby jail time involved.I had mentioned that I had never even leftthe store and so felt I was innocent.Long story short my sentence was a$50 fine and 2 years probation.Now 39 years later I am refused entry into the US because of this and now need a waiver to enter which could easliy work out to be $600+ every year.My only other alternative is to try and have the conviction appealed.
Folks I would appreciate any info or ideas on this as I have never done this before.

Thank You!

[Fr_Chuck]

No. An appeal has to happen within a very very short time frame of a conviction. Plus you can not appeal a guilty plea, only appeal a conviction where you plead not guilty and was found guilty.

Also, there has to be a problem with procedure, not just disagree with verdict. Even new evidence does not always get a new trial.

You can ask for it to be expunged if your area allows this.

*** a side note, in most places under the law, you do not have to leave the store. But (in America) it will depend on the state. But merely hiding something in bag or pocket and walking toward the exit is all that is required.

Since you were stopped inside the store, it would be a good assumption that was the law then. It is a common misconception that you have to actually leave the store.