Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. Is this the only criminal record he has, ever, anywhere?
The best avenue I see here, and it may be difficult, is expungement of the theft charge. The laws on who is eligible for expungement vary but are strict. It is almost always only allowed for 1st offense.
What type of job is he trying to get?
From a national guide to expungement:
Eligibility and Factors Eligibility for expungement- Adults There are numerous circumstances which may qualify someone for an expungement order. 1st offense-Under statutes permitting expunction of criminal records of first offenders, it has been held that a criminal record consisting of two offenses arising out of substantially the same criminal transaction was not eligible for expunction. Whether multiple offenses are consolidated into one “first offense” depends on their interrelatedness and proximity in time. Lack of probable cause/unlawful arrest- Upon final discharge or exoneration, the order of expungement will include the arrest record and related court records. Police and other law enforcement records may also be included. Local ordinance- Sometimes an expungement statute will specify that persons arrested or convicted under a municipal ordinance may seek expungement in a municipal court. There are also statutes allowing expungement of certain petty offenses, such as loitering or disorderly conduct. False identification- When an innocent person is charged due to another person falsely claiming to be that person, they may have records expunged upon proof of misuse of their identifying information. Drug offenses-Some jurisdictions have enacted statutes providing for expunction of convictions on minor drug-related charges. They often require that the person successfully complete all terms of probation, which may include attending a drug rehabilitation program. It has been held that under a statute permitting such an offense to be set aside following successful completion of probation, the convicted person is entitled to expunction of his criminal record. Innocence- Persons found not guilty who are eligible to have records expunged usually have the least stringent conditions imposed on granting expungement. In statutes providing for expungement of records of exonerated persons, expungement is often made automatically upon the final determination of innocence. When a petition for expungement is required, a lengthy waiting period after the finding of innocence is not imposed. Termination in favor of the accused- Under statutes providing for the expunction of criminal records of a first-time offender where the criminal proceeding is terminated "in favor of" the accused, there is disagreement regarding the meaning of the "favorable termination" requirement. Although it has been held in some jurisdictions that for the purposes of such an expunction statute, a favorable termination may include successful completion of probation following a guilty plea, during which time an adjudication of guilt is withheld, other jurisdictions have held that any disposition other than an acquittal is not a termination in favor of the accused. Plea bargains- Sometimes the prosecutor may agree to expunge a related charge when a person pleads guilty to another charge. In some cases, a person may seek expungement of the charges dismissed pursuant a plea bargain agreement under the court’s inherent authority to expunge. Executive pardon/clemency- Expungement granted in conjunction with a pardon or clemency by the governor of a state is usually dealt with separately in the statute dealing with the power to pardon or grant clemency. The trend is to deny expungement of pardoned offenses, under the rationale that a pardon intends to forgive, as opposed to an expungement, which intends to forget. Probation- Under statutes providing for expunction of criminal records of a single conviction upon successful completion of probation or a suspended sentence, under circumstances where there is no subsequent conviction, there is authority that although several charges arise out of the same criminal transaction, they may be treated as a single conviction for the purpose of applying the expunction statute. However, there is authority that expunction is not available where the defendant has been incarcerated, or where there has been more than one conviction. Similarly, there is authority that subsequent convictions for traffic offenses, or convictions in other state or federal forums, may bar expunction. It has been held that in an application for expunction under such a statute, the petitioner is required to enumerate every offense for which he has subsequently been arrested in order to give the court an opportunity to determine the appropriateness of such relief.
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