The short answer is that retail theft stays on your record until you seek expungement, or the erasure of your criminal record. How long retail theft stays on your record in PA therefore depends on how easy it is to expunge your record. This may change based on whether you were convicted, the value of what you allegedly stole, and how long it has been since your last conviction, among other things.
If you want more information about how to expunge your retail theft conviction from your record, our Blue Bell theft crimes lawyer would be glad to answer your questions and help you take the necessary steps.
Factors That Impact Your Pennsylvania Criminal Record
Typically, you have to wait a few years before you can start the process of expunging or erasing your record. Your right to expungement also depends on various factors unique to your situation. How long retail theft stays on your record in PA depends on:
- How the theft was carried out. It is harder to expunge violent crimes than nonviolent ones. For example, someone who was caught altering price tags may be able to seek expungement, but someone who shot an employee while shoplifting probably cannot.
- What you allegedly stole. The less the items were worth, the easier it may be to expunge your record. Retail theft can range from a summary offense (crimes involving less than $150) to a third-degree felony (crimes involving over $1,000). In addition, stealing certain items, such as firearms, carries stricter penalties.
- Whether you were convicted of this crime. A conviction is a more serious matter than an arrest or an acquittal.
- Whether you were convicted of other crimes. Expungement often depends on your ability to avoid further arrests and accusations. In addition, the charges you face (e.g., a misdemeanor versus a felony) may get more serious as your number of past convictions increases—in other words, if this is your first offense, you can more easily seek expungement than someone who was already convicted multiple times.
- Whether you choose to seek expungement. This is not a requirement, but there are many benefits to doing so. The main benefit is that anyone who asks to see your criminal record will see a clean slate, which can make it easier for you to do the things you want to do.
Even relatively minor crimes like misdemeanors will not just go away. They stay on your record until you or someone else takes action to remove them. It is a good idea to talk to our theft crime attorney to see what you can do about getting a fresh start.
How Retail Theft Affects Your Record in Pennsylvania
Retail theft is defined at 18 Pa. C.S.A. § 3929 as any or all of the following:
- Removing merchandise from the store without paying
- Tampering with price tags, security devices, or merchandise packaging
- Purposely failing to ring up all of the items you intend to take away with you
Not only does retail theft take many forms, the penalties for it can change drastically depending on what the items are worth and if you were simultaneously charged with other crimes (e.g., threatening someone with a weapon). It is important to recognize these factors, as they will have a major impact on how long retail theft stays on your record.
Penalties for Retail Theft in PA
If convicted of retail theft, you could face fines and jail time, in addition to having to pay back the store for any lost or damaged goods. You will also be saddled with a criminal record that could affect your ability to find a job, support your family, and maintain healthy relationships with others for years to come.
A conviction could also affect your mental health and self-image. There is an unfortunate social stigma associated with being convicted that often makes it difficult to return to normal even after you serve your sentence.
How to Expunge Retail Theft From Your Record in PA
18 Pa. C.S.A. § 9122 explains the various circumstances under which you can be granted expungement. These include but are not limited to:
- If you are officially pardoned
- If you are over 70 years old and have had a clean record for the past ten years
- If you committed a summary offense and have had a clean record for the past five years
- If you were acquitted
- If you were convicted when you were between 18 and 21 and have completed your sentence
Only a few circumstances could prevent you from seeking expungement, such as being convicted of a violent crime or having an extensive criminal record.
The Process of Expunging Your Record in PA
According to the Commonwealth of Pennsylvania, the expungement process may differ from county to county, so it is important to contact our criminal defense lawyer, who is familiar with these differences in procedure, to assist you. Generally speaking, you will have to:
- Request a copy of your criminal record from the Pennsylvania State Police Central Repository
- Visit the Clerk of Courts in the county where the theft took place
- Convince a judge to sign an order for expungement and send the order to the Pennsylvania State Police
- Wait to hear back from the State Police once they have expunged your record
Removing retail theft from your record can be a huge relief, but the process of seeking approval is not always simple. Let our theft crimes law firm guide you so that you can avoid unnecessary mistakes and present the strongest possible argument for expungement.
Our Legal Team Can Help You Expunge Retail Theft From Your Record
McKenzie Law Firm, P.C., understands that having retail theft—or any other crime—on your record can have a very serious impact on your life. Our attorney, David McKenzie, is a former prosecutor who can put his insider knowledge to work for you. Call today for a free consultation and find out how long retail theft stays on your record in PA—and how you can wipe the slate clean.
