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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116710
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Will I be able to get a job with a 3rd degree misdemeanor,

Customer Question

will I be able to get a job with a 3rd degree misdemeanor, theft of property?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was shopping in Kohls with my 3 year old granddaughter. I went to dressing room to try clothes on, she had emptied my whole purse and when I was putting everything back, I accidently put some eyeliner, that I intended to buy in there. I paid for my stuff, about 200.00.I left the store, put her in her car seat and was getting in my car, when a lady from Kohl's came and asked me to come inside. I didn't know I had done anything. Hats when she said she saw me on camera pick it up, but didn't pay for it.I was 40 years old. I have never been in any kind of trouble.
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Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I plead guilty because the public defender told me if I didn't and lost I could face a year in jail. Never being in trouble I was already terrified because I did go to jail for about 10 hours. I didn't realize that she never saw me conceal the eyeliner.
It cost me the job promotion I was already the interim manager, after that I didn't get it because of that.
In Alabama can you have that expunged with a conviction?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am not going to lie to you, having a conviction for theft of any kind on your record is grounds for employers to refuse to hire you. Unfortunately, AL has no law allowing for expungement of a guilty plea or conviction.
However, if your attorney advised you to plead guilty without evaluating your chances of going to trial, you have a small chance to try to file a petition for post conviction relief to the court asking the court to vacate the plea/conviction based on ineffective assistance of counsel for not fully explaining the situation to you and your chances at trial without a witness to say you actually put it in your purse. This is not going to be easy, since courts do not like to do this, but it is the only option in AL to get a conviction removed and it requires you to hire a local attorney to try it.