Misdemeanor Shopping conviction and getting a government job in NC

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Misdemeanor Shopping conviction and getting a government job in NC

Is there anything legally I can do to fight it? Or is it possible to remove from record? I have Multiple Sclerosis and at the time of incident my long-term boyfriend started to use drugs causing me extreme stress and anxiety. I Didn’t know what I was thinking… just wanted it over so I never got an attorney. Trying to get a government job. Please Advise me.

Asked on May 13, 2009 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Oh boy -- well:

1. Court isn't look at your boyfriend's drugs use causing you anxiety as an excuse.  You knew better than to shoplift so don't use this defense without an attorney.

2. Get rid of the boyfriend.  It won't help you to have him around in your life.

3. Your shopping conviction is already a conviction? You did this without a lawyer? Well, it is not that simple or quick to "remove it" from your record. 

4.  You need a lawyer now to help you unwind this mess or fix it. Try www.attorneypages.com and the Kansas State Bar and look for a criminal defense attorney who can help you with expungement or sealing/destroying this criminal record.

5.  See below: seems to be three years has to lapse before a petition can be brought to be successful:

Kansas Stat. Ann. 12-4516(a)

(a)(1) A person who has been convicted of a violation of a city ordinance may petition the convicting court for the expungement of such conviction and related arrest records if 3 or more years have elapsed since the person:

(A) satisfied the sentence imposed, or (B) was discharged from probation, parole, or a suspended sentence.

(2) A person who has fulfilled the terms of a diversion agreement based on a violation of an ordinance may petition the court for expungement of the agreement and related arrest records if 3 or more years have elapsed since the terms of the agreement were fulfilled.

(b) No person may petition for expungement until 5 or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release, or a suspended sentence, if the person was convicted of:

(1) vehicular homicide, (2) DUI (3) driving without a license, (4) perjury, (5) violating the vehicle registration requirements, (6) a felony wherein the use of a motor vehicle was used in its perpetration, (7) failure to stop at the scene of an accident. (8) driving without insurance.

Kansas Stat. Ann. 21-4619

(a) (1) A person convicted of an infraction, a misdemeanor, or a minor felony may petition for expungement of the conviction and arrest records if 3 or more years have elapsed since the person:

(A) satisfied the sentence imposed, or (B) was discharged from probation, a community correctional services program, parole, post-release supervision, conditional release, or a suspended sentence.

(2) A person who has fulfilled the terms of a diversion agreement may petition for expungement of the agreement and related arrest records if 3 or more years have elapsed since the terms of the agreement were fulfilled. (b) No person may petition for expungement until 5 or more years have elapsed since the completion of the terms of conviction if the person was convicted of a severe felony, or

(1) vehicular homicide, (2) DUI, (3) driving without a valid license, (4) perjury, (5) violating the vehicle registration requirements, (6) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime, (7) failure to stop at the scene of an accident, or (8) driving without insurance. (c) There is no privilege to expunge convictions for commission or for attempt to commit: (1) rape, (2) indecent liberties with a child, (3) aggravated indecent liberties with a child, (4) criminal sodomy, (5) aggravated criminal sodomy, (6) indecent solicitation of a child, (7) aggravated indecent solicitation of a child, (8) sexual exploitation of a child, (9) aggravated incest, (10) endangering a child, (11) child abuse, (12) capital murder, (13) 1st-degree murder, (14) 2nd-degree murder, (15) voluntary manslaughter, (16) involuntary manslaughter, (17) involuntary manslaughter while driving under the influence, (18) sexual battery, (19) aggravated sexual battery, or (20) any offense comparable to the offenses listed.


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