I was caught shoplifting at Walmart and just received a ticket.

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I was caught shoplifting at Walmart and just received a ticket.

I was not arrested just received a ticket to report to the courts. I plead guilty with probation and I’m still waiting to hear back from the court if I was granted probation, and that was 6 months ago. I then recieved a claim from Walmart lawyers to pay them or fight it in court. I decided to pay them. Is my case closed? How do I know if I’m on probation? Do I have a criminal record? If so can I get it expunged?

Asked on May 5, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to get back to the courts on this.  For all you know you might have violated a "term" of your probation.  What if, for example, you were supposed to have paid a fine and failed to do so?  The fact is if this was your first offense (I'm assuming) your probation most probably would not only include a fine but also staying out of anymore trouble during your probationary period (which  I assume that you have done), and making restitution (which you already have done).  But don't wait on this, the sooner you take care of this the sooner you can put it behind you.  As a practical matter I'm surprised that this wasn't all made clear to you at the time that you entered your guilty plea.  Also, make sure that you have records showing that you paid Wal-Mart in full. 

And yes, you do have a criminal record.  As for expungement, Texas law allows expungement of arrests which did not lead to a finding of guilt, and class C misdemeanors if the defendant received deferred adjudication, and completed community supervision.  If the defendant was found guilty, pled guilty, or pled no contest to any offense other than a class "C" misdemeanor, it is not eligible for expungement; however, it may be eligible for non-disclosure if deferred adjudication was granted.

Your best bet is to go over all of this with an a licensed Texas attorney.


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