Shoplifting in Michigan

My question involves criminal law for the state of: Michigan

Her criminal record is completely clean and this is a first offense. She is employed at a daycare and is a student at a local university.

I have a 22y/o friend (yes it is actually a friend, not me being embarassed) who was caught at Meijer for shoplifting some stuff. The LPs caught her as she tried to exit the store. She resisted tried to get away from the LP and finally gave in and was later arrested. She spent the night in jail and saw a judge, but did not enter a plea (they put down "not guilty"). After she got out she was set up with a public defender (aka her lawyer). Today she got a call from him about the plea bargain they were giving her. He said that her charge was reduced to 3rd degree retail fraud and that the two misdemeanor assault charges she got (from struggling) would be dropped if she completes probation (those assault charges are ridiculous, the LPs left her bruised and she has cuts on her legs and arms). however, apparently the retail fraud charge won't be removed from her record after probation. the lawyer said she's looking at about 6-12 months probation, fines, and possibly anger management classes (probably for the assault; he said those were unlikely)

Meijer sent her a civil demand for $220, so I assume that's what the court has the items valued at


my questions are:
-how can she go about getting the retail fraud charge removed from her record? I myself got a MIP and Possession of Marijuana in college and my public record is completely clean from completing probation and paying fines.

-do you think her probation will include drug testing? (she was not drunk/on drugs, and the police did not find anything on her or have any reason to suspect she was on anything. she has refrained from using anything [she smoked marijuana before all this happened but was not under the influence of anything when she shoplifted] since being arrested). i know for my marijuana charge i got dropped the day of my sentencing. do you think they will drop her for a non-drug charge? her lawyer asked her "were you drunk when you did it?" and she said "no" and he replied "they won't drug test you"

The outcome the public defender describes is not surprising to me - in many Michigan counties that would be a very good deal. Given your girlfriend's age, she doesn't qualify for HYTA, and few Michigan counties offer any form of diversion for shoplifting (let alone one you can qualify for at any age).

The fact that you're asking about drug testing makes me think that her probation should involve drug testing. There's a chance that the judge will authorize testing, but unless they have reason to believe that she's using drugs it's not likely that the probation officer will test her on each visit - and even with authorization she might not be tested at all. But as I'm sure her lawyer cautioned her, she should stay clean "just in case".