If you’ve been convicted of shoplifting, you may be eligible to have your conviction expunged or set aside. Here’s a look at the difference:
Expungement is available solely to minors – those under 18 years old – who have committed a crime. If you were under 18 when you committed the offense of shoplifting, then you may be able to have your record expunged.
Juveniles are the only group eligible for expungement, but adults can have their convictions “set aside.” This is a matter of definition – they are essentially the same process, but when you’re looking to clear your record, it’s best to know that expungement is available to minors and adults can have their convictions set aside.
According to the National Association for Shoplifting Prevention, approximately 25 percent of shoplifting cases are committed by minors, which means only a quarter of shoplifting charges are eligible for true expungement, while the remaining 75 percent of convictions would be set aside.
Getting Your Record Expunged or Set Aside
In either case, you will need to file a motion with the court that managed your case. The prosecutor will have 90 days to respond to your motion, and if he or she wants to object to it, this is when that occurs.
If the prosecutor doesn’t object, the court will rule on your motion to determine if your conviction will be expunged or set aside. Having your conviction set aside or expunged can greatly improve your personal and professional outlook after a shoplifting charge, and it’s highly recommended that you take every step possible to clear your record.
If you need help removing your shoplifting conviction, contact the criminal defense team at JacksonWhite Law. Our attorneys offer superior legal counsel that gives you the best chance of success in court.
Call Jeremy Geigle at (480) 467-4370 today to schedule your free consultation.