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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My son has a petty theft ( shoplift less than $50.) on his

Resolved Question:

My son has a petty theft ( shoplift less than $50.) on his record. Was about 3 yrs ago & the public defender then said it's only an infraction, not misdemeanor. Now he is enlisting for Airforce & was told he needs to wait for waiver from commanding officer. Is this needed for infraction? and how can he get this off his record so it will not haunt his future. He has not had any law issues since, not even a traffic violation. Thank you.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

The petty theft is a misdemeanor that can be reduced to an infraction. I suggest he may want to consult with the Public Defender to get help with ascertaining if it was reduced and is reflected in the court records as such.

Yes, the military can always demand a waiver on such matters whether an infraction or misdemeanor as both appear on a background check.

Customer: replied 5 years ago.
How can it be removed from his record was part of my question
Expert:  Samuel II replied 5 years ago.

A misdemeanor can only be expunged if he obtains a Governor's Pardon. That will make him eligible to Petition the Court for Expungement. The same goes for an infraction.

Obtaining a Governor's Pardon takes 1 to 2 years depending on the backlog.
Customer: replied 5 years ago.
Last question: What is process to get a governor's pardon. Does it require a lawyer or can we file it ourselves as well as petioning the court... Does expungement mean it will be pemanently be off his record and will not show on back ground checks?. Thank you this will be my last question and I will accept answer . Thank you again
Expert:  Samuel II replied 5 years ago.

You can apply for the Pardon via the Governor's Office. Use this information for the application Phone:(NNN) NNN-NNNN Call the office and request a Pardon/Clemency Application be mailed to you. You can fill it out and submit it. Once it is filed, there will be a waiting period before an investigation will begin. The investigation will entail questioning, friends, neighbors, family and employers about your son and his character. A recommendation will then be made to the Governor as to Pardon or not. It is entirely up to the Governor. There is no Absolute Right to a Pardon.

A Pardon will not guarantee the matter will be expunged. It only means it makes your son eligible to then Petition the Court for removal. If it is granted, then it will be a permanent removal and your son will be able to always honestly answer he has no convictions.

Please let me know, if you have further questions in this regard.

Thank you
Samuel II and 2 other Criminal Law Specialists are ready to help you
Expert:  Samuel II replied 5 years ago.

I'm just following up with you to see how everything is going. Did my answer help?

Let me know,