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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25429
Experience:  10+ years defending Misdemeanor and Felony cases.
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I just found out that my daughter was cought shoplifting today.

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I just found out that my daughter was cought shoplifting today. The legal charges were pressed for what I know. She was with her child while she was cought. The police were called, they wrote the report and released her only because she was with her baby. She will be notified by mail when to appear for fingerprinting. I am so depressed. She has just graduated from college. She is a green card holder and this year she was planning to apply for a citizenship. I guess her chances are close to zero now? I would never have suspected her of doing such dispicable act. How long will it stay in the records? Does it ever get expunged from the records? What lies ahead?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.
This charge will remain on her record , unless she is eligible, to have it expunged. It will not go away, on it's own. She soon will receive a court date. If she is a first time offender, she should ask the court if there is a misdemeanor diversion program, she can participate in. If she successfully completes this program, the charges against her will be dismissed. If the charges are dismissed, she will not have a criminal charge, on her record. Having this charge dismissed, will also prevent her from having problems, when she applies for her citizenship.
Customer: replied 8 years ago.
how does the misdemeanor diversion program work? Does she need a lawyer to represent her or can she just ask the court while representing herself? How long does such program last? Does this mean that if she participates in this program her record will remain clear?
Expert:  CrimDefense replied 8 years ago.
When she appears for her first court appearance, she can ask the Judge is she can participate in this. Moreover, it is possible that she could be appointed a public defender, to help her out, if she can't afford a private attorney. Normally, this program last between 3-6 months, although every court program is set up differently. If she is eligible for this program and completes it, her record will be clean.
Customer: replied 8 years ago.
how is the eligibility determined?
Expert:  CrimDefense replied 8 years ago.

Normally, the diversion program, is open to 1st time offenders, with no prior criminal history, who have not participated in a diversion program before.

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