Petty Theft at Kmart

I live in California.

Today I was caught shoplifting about 4 small items worth $30-40 from Kmart. A sheriff came and filled out a citation with a court date for me to show up.

Other deals: Otherwise clean record, 22 years old, (poor) university student, I was cooperative.

I will show up in court, admit my wrongdoing, and pay my fines, but I'd of course like this horrible mistake to be expunged for when I graduate a year from now. Do I need a lawyer to do that, or can I just wait until after the hearing and fill out the paperwork later? If I want it to be considered an infraction, do I need to get a lawyer? What do I do to get this off my record?

Please help. :-(

Your best bet is to get a lawyer or public defender and ask about Diversion Programs, 1st Time Offender Programs, etc.

Expungment either takes years before you can file, or is not an option in certain states.

Thanks for the reply. I can't afford a lawyer so I'll be using the public defender. When do we meet? On the day of the court appearance? Does the diversion program remove this misdemeanor from my record?

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When do we meet? On the day of the court appearance?

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Depends on the jurisdiction, but typically, you plead Not Guilty at your arraignment and ask for a PD.

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Does the diversion program remove this misdemeanor from my record?

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Usually, as long as you comply with the terms of the program.

How can I plead Not Guilty? The sheriff was called and I already signed my name on both the citation and Kmart's paperwork.

Anyway, isn't the diversion program an admittance of wrongdoing with a period of probation, community service, etc., so how could I possibly plead not guilty?

Off of Wikipedia:

Charges dismissed because of a diversion program will still lead to additional criminal history points under the U.S. Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition was not a juvenile matter.

So the diversion program doesn't in fact clean my record?

When they say "How do you plead?" You say "Not Guilty."

Being guilty or even having previously admitted the crime isn't a bar to pleading not guilty.

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How can I plead Not Guilty? The sheriff was called and I already signed my name on both the citation and Kmart's paperwork.

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Doesn't matter. When it comes to the US legal system, pleading Not Guilty does not mean that you are claiming innocence. Rather, you are exercising your Constitutional right to demand that your accusers PROVE that you did what they say you did. You're not saying "I did not!", you're saying "Prove it.".

As far as a diversion program, you MUST plead Not Guilty. If you plead Guilty, you will not be eligible for the program. Again, sealing of your record will depend upon you completing ALL of the terms of your program.

Sorry for sounding dense, but how does the process go down?

1. I plead Not Guilty
2. The judge offers the program
3. I go through the program
4. The charges are dismissed

Do dismissed charges remain on my record?

Should I say I "stand mute" and get a public defender to get the diversion program? Should I go for deferred judgement instead?

You plead NOT GUILTY and then say "Can I get a Public Defender".

Your PD will then have talks with the Prosecutor. This includes First Time Offenders, and also you can ask for Deferred Judgment. The PD will talk to to the Prosecutor about that.

Start saving money, because no matter what - it will cost a lot....

Okay.... More than $1000?