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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I was convicted of petty theft ($10 item) nearly 7 years ago.

Customer Question

I was convicted of petty theft ($10 item) nearly 7 years ago. I was working construction and was layed off for several weeks. In a weak moment I was caught and had to pay a fine as well as a year of probation.
Since then I've gone to college and turned my life around. I obtained my Bachelors Degree in Information Technology a couple years ago and was recently offered a $75,000/year job which I accepted. A week later they got my background report back and informed me that they couldn't employ me because of this misdemeanor. I didn't even know it was a misdemeanor!
I have since filed for criminal expungement of this case, served all the papers to all the different offices, filed my paperwork with the court, and scheduled a court date.

I'm not listed on the BCA for Minnesota and the only place this shows up is in the court records for this county so I'll just be looking for an "inherent authority expungement". Will the fact that I've turned my life around coupled with the fact that I've recently lost a promising job be enough to get the expungement?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.
Thanks for using It will be my pleasure to assist you.

Is the petty theft conviction your ONLY conviction?
Customer: replied 5 years ago.
Yes, besides one minor "no proof of insurance" which was dismissed after a year.
Customer: replied 5 years ago.
Do you need any more information?
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

There is no guarantee that you will get an expungment. You need to do the paperwork and convince the Judge that, on balance, the benefit to you from getting an expungement is more than the disadvantage it would be for the public to not have access to your criminal record. This generally means you have to prove that:

you have been denied work, housing, or a professional license because of your record;
sealing your criminal record will not negatively affect public safety; and
you have rehabilitated yourself.

If you can prove those three things, then, yes, you will get an expungement.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.