Nobody wants a shoplifting charge on their criminal record. These seemingly minor crimes can do a lot of harm to one’s life. They can affect one’s education, employment, housing, and future in general. Even if you steal a cheap object like a candy bar, you could be charged with a misdemeanor. You could also face a variety of penalties, from fines to community service to jail time.
If you have a shoplifting charge, you may wonder: Can it be removed? It is possible, but it will take some time, and certain restrictions must be met.
A shoplifting conviction in Georgia usually stays on a person's criminal record permanently unless it's expunged, or the record is restricted.
Expungement is a legal process by which a record of criminal conviction or arrest is sealed, erased, or otherwise removed from public view. Once a record is expunged, it generally becomes inaccessible to employers, landlords, and the public. However, it is still possible that certain government agencies can still view the charge.
A person may be eligible to expunge a misdemeanor shoplifting conviction after a certain amount of time has passed. In the past, this period was at least five years from the date of conviction or the completion of the sentence, whichever is later. To qualify, the person must have completed their sentence and not have any other convictions.
Georgia recently changed its laws to allow those charged with shoplifting crimes to remove their charges more easily. As of January 1, 2021, there are certain times when a shoplifting conviction can come off your record or be expunged in Georgia. This is called the "Second Chance Law," and it refers to legal provisions that allow individuals with certain criminal records to restrict or expunge those records, offering them a second chance at employment, housing, and other opportunities that might be hindered by a criminal history.
Senate Bill 288, passed in 2020, is a crucial part of the recent developments in Georgia's Second Chance Law. It allows individuals to petition the court to restrict certain misdemeanor convictions and pardoned felony convictions. It was designed to give more people access to better job opportunities by limiting the negative impact of a criminal record.
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A shoplifting charge will stay on your record forever, except in certain cases. Qualifying for expungement is possible and it’s easier now, but it still requires some effort.
Can your shoplifting case be expunged? The Atlanta criminal defense lawyers at Ghanayem & Rayasam can assess your situation and help you understand your legal options. Schedule a consultation today by calling (404) 561-0202 or filling out the online form.