Any criminal record can impact an individual’s future opportunities. Adults accused of a petty theft offense or parents worried about a teen’s pending charges may worry about whether a conviction is likely to limit future opportunities.
Although any conviction can show up on a background check, there are ways for defendants to limit the impact that a prior offense has on their future. There are three specific legal options that allow those with minor criminal records to move on with their lives. Diversion, plea bargaining and expungement can all help people avoid long-term criminal records that limit their future opportunities. Below is a brief explanation of each of these three valuable options.
1. Diversion of first-time charges
Those without a history of major criminal offenses may be eligible for diversion. If the incident involves assets worth less than $1,000 and misdemeanor petty theft charges, an attorney can apply for diversion. The defendant usually needs to take courses teaching them about theft prevention or accountability. They may need to undergo counseling to address what may have caused their conduct, such as substance abuse.
Typically, diversion programs require community service, restitution paid to the victim and the supervision of a diversion or probation officer. Successful diversion leads to the dismissal of charges and therefore eliminates the risk of a criminal record that shows a conviction.
2. Plea bargaining
Plea bargaining is a way to minimize the consequences of an offense by working with the prosecutor. A defense attorney may ask the courts to consider reducing the charges or even dismissing the charges. Other times, plea bargaining may focus on limiting the penalties imposed by the courts. A successful plea bargain can limit the risk of a criminal record and the impact it has on a person’s future.
3. Expungement
Expungement is the process of removing blemishes from an individual’s criminal record. Juvenile offenders convicted of petty theft offenses may be eligible for expungement once they turn 23. Adults convicted of petty theft offenses may also qualify for record expungement if they petition the courts and avoid future criminal activity. Expungement prevents employers and others performing background checks from discovering minor prior criminal offenses.
Rather than simply pleading guilty to expedite the criminal trial process, many defendants accused of petty theft and parents concerned about teen defendants may want to look into a more robust response. Pursuing expungements, seeking diversion or negotiating a plea bargain are all ways to potentially minimize the long-term impacts that petty theft convictions can have on a person’s future career.