Getting Shoplifting Charges Dismissed or Expunged in New Jersey

Getting Shoplifting Charges Dismissed or Expunged in New Jersey

Shoplifting charges can follow you around and negatively impact your life in so many ways. Having any kind of criminal record makes it harder to get a good job, rent an apartment, get approved for loans and credit cards, and more. Thankfully, there are ways to get shoplifting charges dismissed or expunged in New Jersey so you can move on with your life. This article will explain everything you need to know.

Getting Shoplifting Charges Dismissed in NJ

If you or a loved one is facing shoplifting charges, the best thing to do is hire an experienced criminal defense attorney right away. An attorney can review the details of your case and determine if the charges can be dismissed before it ever goes to trial[3].

There are a few ways charges could potentially get dismissed:

• Lack of evidence – If the prosecution doesn’t have enough solid evidence to prove you committed the crime, the charges can get tossed out. For example, if the store didn’t capture you on video or there were no eyewitnesses.
• Illegal search – If the police searched you or your belongings illegally, any evidence found may not be admissible in court. This could result in a dismissal.
• Miranda rights violation – If the police questioned you without reading you your Miranda rights, your statements may get excluded from the case.
• Improper police procedures – Mistakes in how the police handled your arrest could invalidate the charges. For example, if they held you too long before your court appearance.
• Mistaken identity – You may have an alibi or the evidence clearly shows someone else committed the crime. This could lead to dismissed charges.
• First-time offense – Prosecutors sometimes drop first-time petty shoplifting charges if you have no criminal record.
• Successful pre-trial intervention – Completing a rehab program or community service may convince the prosecution to drop the charges.

Getting the charges dismissed avoids a conviction on your record. But if that doesn’t work out, your next option is expungement.

How to Get Shoplifting Charges Expunged in NJ

Expungement is the process of having your criminal record sealed from public view[4]. Most employers and landlords won’t be able to see expunged charges when they run a background check. It’s like giving your record a clean slate.

Here are some key facts about expunging shoplifting charges in New Jersey:

• You must wait 5 years from the date of conviction to expunge a disorderly persons offense like shoplifting.
• The court will review the expungement petition and either approve or deny it. There’s no guarantee it will get approved.
• If approved, the court will order agencies to remove records of your conviction from public databases.
• You can legally deny the conviction occurred once it’s expunged.
• Certain employers like law enforcement agencies can still see expunged records.
• An experienced attorney can help ensure you meet the requirements and fill out the paperwork correctly.
• The entire expungement process takes 4-6 months on average.
• Expungement costs around $500-1500 in lawyers fees plus a $75 filing fee.

Getting shoplifting charges expunged in New Jersey can be complex, but it may be worth it to clear your record. A clean slate can open up more job and education opportunities down the road.

Defenses That Can Beat Shoplifting Charges

Don’t give up hope if you have pending shoplifting charges against you. There are several legal defenses that could get your charges reduced or even dismissed. Here are some of the most effective ones:

You lacked intent to steal – If you accidentally left the store without paying or forgot an item was in your bag, you didn’t intentionally commit theft. This could defeat the charges.

False accusations – If an employee falsely accused you due to discrimination or lack of evidence, highlight this in your defense.

Mistaken identity – Prove to the court you couldn’t have committed the crime if you weren’t there or have an alibi.

Unlawful search – Fight back if police searched you or your property illegally without probable cause.

Mental health issues – Your attorney can argue you should get treatment, not jail time, if mental illness contributed to the offense.

Necessity defense – Argue you only stole items you desperately needed to survive, like food or medicine.

Entrapment defense – Claim police coerced you into attempting shoplifting you wouldn’t have done otherwise.

With an experienced criminal defense lawyer arguing these defenses for you, you stand a good chance of beating your shoplifting charges in court.

What Happens if a Minor Gets Caught Shoplifting in NJ?

Unfortunately, shoplifting arrests among juveniles and teens are fairly common. If your minor child got caught stealing, here’s an overview of how these cases are typically handled:

• The police may issue a warning, a ticket, or formally charge your child with petty theft or shoplifting.
• You’ll be contacted to pick up your child from the police station. They can’t release a minor to leave alone.
• Your child will need to appear in juvenile court and may be sentenced to counseling, community service, probation, or fines.
• Jail time is only considered for excessive or repeat offenses. The court aims to rehabilitate, not incarcerate, minors.
• Shoplifting charges can remain on your child’s juvenile record which could impact college admissions.
• An attorney can help negotiate a favorable plea deal or even get the charges dropped and record expunged.
• You may want to seek professional counseling to address the underlying causes of your child’s behavior.

The consequences of a shoplifting charge can be life-long for minors. As a parent, get legal guidance so your child has the best chance of moving past this mistake.