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Lillybelle31 · Jul 29, 2009, 12:56 AM

Hi, I made the biggest mistake and stole about $ 200 worth of beauty products from Superstore and was caught. This is my first offence, I have NEVER been in trouble with the law. I was fingerprinted at the police station, and now have a court date set.

I fully co operated with police, and plan on pleading guilty. I have an appointment to see a lawyer. I am a single mom of two, and am going to college in the Fall to better my situation, I MESSED up and will never do it again, but what are my chances of having the case expunged, so that I do not have a record ?

If charged, how long do I have to wait to apply for a pardon, and are my chances of getting on good? Please help me, I'm so depressed and afraid! :(

Lillybelle31 · Jul 29, 2009, 01:02 AM

Also what can I do to improve my chances of getting leniency from judge?

artlady · Jul 29, 2009, 01:05 AM

Here is a link that may prove helpful to you.
Basics on Criminal Expungement

Lillybelle31 · Jul 29, 2009, 01:09 AM

Hi, I made the biggest mistake and stole about $ 200 worth of beauty products from Superstore and was caught. This is my first offence, I have NEVER been in trouble with the law. I was fingerprinted at the police station, and now have a court date set.

I fully co operated with police, and plan on pleading guilty. I have an appointment to see a lawyer. I am a single mom of two, and am going to college in the Fall to better my situation, I MESSED up and will never do it again, but what are my chances of having the case expunged, so that I do not have a record ?

If charged, how long do I have to wait to apply for a pardon, and are my chances of getting one good? Please help me, I'm so depressed and afraid!

Also what can I do to improve my chances of getting leniency from the judge, I really am sorry :(

Thanks to all that take the time to respond:)

Btw... Im in Canada

artlady · Jul 29, 2009, 01:17 AM

This site does not work like a chat room.Putting the same question on more than once will not insure that you will get a response.

jmjoseph · Jul 29, 2009, 01:19 AM

You MIGHT be able to take advantage of something called conditional discharge. You pay a fine , do what the probation officer requests, i.e. counseling, community service. And after a short period, your record is clean. You should talk to a lawyer, hired or provided. I had a co worker who did this , and it his record is clean. Good luck to you.

Curlyben · Jul 29, 2009, 01:22 AM

>Threads Merged<
Don't SPAM post the same issue over the site.

Chey5782 · Jul 29, 2009, 01:24 AM

I sort for did the same thing in Texas, Deferred adjudicated probation. I did it for the full 4 years. Though you CAN petition to be taken off if you complete all of the assigned community service and are never late for a probation payment or meeting with your PO for the entire first year.

Cases like this your attorney typically makes a plea with the prosecutor and they try to find something amicable for all parties. One thing about what I went through, the charge was a felony, yours is under 300-500 that most states have for it to be more than a misdemeanor. But if you do get a form of probation like this it stays on your record until you complete the probationary period successfully.

I am not sure of the difference in a misdemeanor and a felony though, mine was and after completion I just paid to have the arrest expunged from my record. Someone else might be able to give you a more clear answer for your particular set of circumstances. But hopefully that can answer enough to make you feel better until you talk with your attorney.

Lillybelle31 · Jul 29, 2009, 08:55 PM

I spoke to a lawyer today re: my theft under $ 5000 , since it is my 1st offence, he said that I will most likely be offered Adult Alternative Measures program or The Diversions Program, both of which if completed successfully will result in no criminal record.

I am wondering though, will it still show that I was arrested, and do police keep my fingerprints, I was nervous, and forgot to ask my lawyer... I am in Canada BTW, thank you to all who respond:)

Chey5782 · Jul 29, 2009, 09:54 PM

Far as I know once your prints are on record they stay on record. After completion of your sentence you should be able to pay your attorney to have the arrest expunged. It may depend on the circumstances though, ask him next time you see him.

s_cianci · Jul 29, 2009, 10:14 PM

As a single mom of two I'm sure you're over 18 so, first offense notwithstanding, I'm not even sure that an expungement is possible. Your lawyer should be able to advise you more fully. And a pardon? I'm sorry, but lol to that one! Unless you personally know the governor of your state and he owes you a favor, or know someone who knows the governor and is owed a favor, a pardon (if you're convicted and would need one in the first place) will never happen for you in this lifetime! Actually, I'd consult with the lawyer and ask about the chances of getting acquitted. That may be kind of hard if you were caught red-handed actually leaving the store or about to leave the store with the merchandise in question or if you've already blabbed to the police but it's at least worth asking.

Lillybelle31 · Jul 29, 2009, 11:29 PM

Thanks Chey5782 :)

Lillybelle31 · Jul 30, 2009, 12:10 AM

Originally Posted by s_cianci

As a single mom of two I'm sure you're over 18 so, first offense notwithstanding, I'm not even sure that an expungement is possible. Your lawyer should be able to advise you more fully. And a pardon? I'm sorry, but lol to that one! Unless you personally know the governor of your state and he owes you a favor, or know someone who knows the governor and is owed a favor, a pardon (if you're convicted and would need one in the first place) will never happen for you in this lifetime! Actually, I'd consult with the lawyer and ask about the chances of getting acquitted. That may be kind of hard if you were caught red-handed actually leaving the store or about to leave the store with the merchandise in question or if you've already blabbed to the police but it's at least worth asking.

Yes, I am over 18, I did see a lawyer today and plan to plead guilty, and was told that my chances of getting into the Diversions Program, or Adult Alternative Measure Program was 80 % because it is my 1st offense, if I complete either program it results in no criminal record.

And when I asked about the pardon, I meant years from now, ( if I do get a record which from what my lawyer says is unlikely ) when I am eligible for one, this is way down the road, and I personally know someone who was charged with theft over $ 5000 and was given a full pardon after 5 years of being a law abiding citizen, so my chances are rather good there also.

I think maybe things are different in the U.S, I am guessing you are from there, cause you mentioned a "governor" and we don't have those up here ;)

Anyway, thank you for responding.. I do appreciate it!

Chey5782 · Jul 30, 2009, 12:17 AM

Oh that's probably because here we deal with state and federal law. A lot of states have similar laws with different names for what certain things are. It can vary. Typically in the states you only receive a pardon from a Governor or a similar figure in government.

I know when I went to court the first time for my charge our District Attorney declined my charges, I was brought in for a warrant 7 months later for a different charge for the same offense. There's a lot I don't know, but your being, I assume Canadian since you said up here, can mean that any advice an American who doesn't know your legal system gives you can be quite wrong. Like me, but I hope at least you felt a bit better after talking to your lawyer. I learned a LOT from mine. Don't be afraid to ask them a million questions. This is your life, and it will effect you for a long time. Just don't let there be a next time!

Lillybelle31 · Jul 30, 2009, 01:37 AM

Originally Posted by Chey5782

Oh that's probably because here we deal with state and federal law. A lot of states have similar laws with different names for what certain things are. It can vary. typically in the states you only receive a pardon from a Governor or a similar figure in government.

I know when I went to court the first time for my charge our District Attorney declined my charges, I was brought in for a warrant 7 months later for a different charge for the same offense. There's a lot I don't know, but your being, I assume Canadian since you said up here, can mean that any advice an American who doesn't know your legal system gives you can be quite wrong. Like me, but I hope at least you felt a bit better after talking to your lawyer. I learned a LOT from mine. Don't be afraid to ask them a million questions. This is your life, and it will effect you for a long time. Just don't let there be a next time!

Yes, I felt a million times better speaking to a lawyer, and I am Canadian, I'll be sure to ask him all that I want to know, and there is a snow balls chance is hell that this will happen again ! Thanks again for your responses, they did make me feel better as well, take care!:)

JudyKayTee · Jul 30, 2009, 02:09 PM

Your mention of diversion was the clue that you are, in fact, in Canada.

Here is something applicable which I wrote:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

Lillybelle31 · Jul 30, 2009, 07:02 PM

Originally Posted by JudyKayTee

Your mention of diversion was the clue that you are, in fact, in Canada.

Here is something applicable which I wrote:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

Now in my case, the property was recovered, and I am not a repeat offender, ( this is my 1 st offense ) but I took $ 200 worth of merchandise, not a lot of things, it was just expensive face creams, would $ 200 be considered a large amount ?

Thanks :)

Lillybelle31 · Jul 30, 2009, 07:05 PM

Any yes, I am in Canada, in Alberta in fact

JudyKayTee · Jul 30, 2009, 07:47 PM

How are the charges written? Theft under $5,000 OR theft over $5,000?

In my eyes $200 is a small amount - you would have to look at the law and see if there is more than one category under which you could have been charged.

Whether $200 is a large amount also depends on who you stole from. How hard the store wants to press the charges also matters.

Did you say they recovered the items, unused, unopened? Was the store able to put the merchandise back on the shelf?

Lillybelle31 · Jul 30, 2009, 07:56 PM

Charge is theft under $ 5000, I stole from a large grocery store, and gave them everything I had in my purse when they caught me, and the items were undamaged and unopened, so I assume they are able to put them back on the shelf.

Thank you, JudyKayTee, I appreciate you taking the time :)