Petit Larceny in a Retail Store, Nevada

[skizzle]

What is the name of your state? Nevada

Hello. I'm an Alaskan citizen going to Reno, Nevada for college. Last night I was going to safeway to get some hair styling product and some candy. I'm pretty poor right now, it being the end of the semester, so on review I realized I couldnt afford the hair product. I live with three attractive girls though, so I was compelled to simply purchase the candy bar and leave the pomade in my pocket, wanting to look good. Well, that was really stupid, because as soon as I went through the line, purchased the candy, and walked for the door, I was apprehended by store security. I was given no option but to wait for two hours while the Reno police arrived. I was extremely cooperative with all involved parties, as this is my first time ever even commiting a crime, let alone in Nevada. I got a ticket with a court date. I was almost arrested because I have no official permanent address here. However, the officer said that because it was a $5 item, I could go.

I'm not sure if I can just pay a fine and avoid court, as I find this all highly embarrassing. However, I'm going to school to become a doctor, and I'm not sure how good larceny looks when applying to a med school, as well as when I apply to a hospital or clinic for a job.

I'm extremely worried that I've destroyed a huge part of my life just because of one stupid college student mistake.

Should I get a lawyer? Should I accept the charges (if so, guilty, or no contest?)? If I'm charged, will the fact that it was $5 change anything in court. It's a misdemeanor, but is there probation/jail time?

Thanks for taking the time to read this. I've got court in a month, but I'm scared as hell about the implications.

[rmet4nzkx]

Your post is beyond belief, cited for stealing hair gel

We have a running contest with the most stupid posts, this should be on next years list of nominations.

If you plan a career in medicine, you don't show much promise to lack judgement this early on in your studies, it is not like you were starvng to death or in need of medical care. Most state licensing boards have language re conduct unbecomming or affecting your practice of the profession, they may go back many years, even if it doesn't affect licensure, it may affect where you might work in the future.

[skizzle]

Yeah, it was pretty stupid. I asked for advice, though. You gave me nothing. Anyway, as embarrassing as it is, it was extremely unlike me, and I'm excruciatingly sorry that I made such a ridiculous momentary lapse in judgement. So, if you are able to, seriously answer my questions. If not, suggest someone who can, or don't post. Thanks.

[You Are Guilty]

And with an an attitude like that, I can tell you a few things too. First, you have about as much chance of getting into a US medical school as I do of waking up a woman tomorrow. Second, no one is ever going to beliece that story, you had better come up with something better. And finally, third, I seriously doubt anyone is going to offer you any significant advice when you berate the people who were trying to help you.

[skizzle]

As I'm sure you can understand, I'm very embarrassed. I didn't mean to "berate" anyone, I was under the impression that rmet4nzkx was directly insulting me. Although yes, I committed a very stupid crime, I'm not a criminally minded individual. You don't know me, or whether I'd make a good doctor or not, but I assure you, I'd like to prove that I can be some day. So ok, if it means I can get some advice, be as mean as possible. This is a catastrophe, and THE TRUTH. I don't want to get flamed here guys, I just want a way to erase this from my life...or the next best thing. Thank you for your help.

[rmet4nzkx]

As I'm sure you can understand, I'm very embarrassed. I didn't mean to "berate" anyone, I was under the impression that rmet4nzkx was directly insulting me. Although yes, I committed a very stupid crime, I'm not a criminally minded individual. You don't know me, or whether I'd make a good doctor or not, but I assure you, I'd like to prove that I can be some day. So ok, if it means I can get some advice, be as mean as possible. This is a catastrophe, and THE TRUTH. I don't want to get flamed here guys, I just want a way to erase this from my life...or the next best thing. Thank you for your help.

I was not insulting you and was giving you advice, adivce based on my knowledge of the nature and function of licensing boards and the ramifications of your actions. Advice you didn't like to hear because you know it's true.

As you go through your training, if you make it that far, you will be blamed for things other people did, you will not agree with your superiors and will have to defer to them and take the blame when something goes wrong because you will be caught between a rock and a hard place. What will you do at your first M&M?

Judgement is a key factor in your intended career, wanting to be a doctor is not enough. You will have decision trees to help you for many things but not for everything. A licensing board can go back and simply deny you the opportunity to apply for a license or pull it in the future based on this and any new infraction, complaint or problem. Even so, you still fail to recognizie the consequences of your actions. You can call me what you like, but it won't change the fact that you will never be free of this act of poor judgement. If you can't simply say to yourself, I don't have enough money, so I will put the gel back, or even leave it at the counter, then how can you be trusted with a script pad or a key to the drug cabinet?

Should you get an attorney? Why should I answer the obvious, of course you should but you don't have the money because you didn't have the money to buy hair gel and no CRIMINAL DEFENSE ATTORNEY is going to represent you for free, it will take you a hefty retainer.

[skizzle]

Well, I can see how what you're saying would make sense. I guess I'm pretty much screwed. I'll have to see what I can do about getting loans to pay for a lawyer, I suppose. I really had hoped this wasn't such a big deal.

Assuming I get charged, how long do misdemeanors show up in your criminal background? I'm guessing it's permanent...but maybe I'll be surprised. Thanks for your help.

[JETX]

I'm extremely worried that I've destroyed a huge part of my life just because of one stupid college student mistake.

Sorry, but this was NOT a MISTAKE!!! This was a conscious decision to steal someone elses property. The fact that it was only $5.00 worth does NOT minimize the fact.

However, rather than beat you over the head like some others....

Should I get a lawyer?

Absolutely. Your future is not worth the risk of not having one. It is very likely that an attorney could get you 'deferred adjudication'. Simply, that means if you abide by the court imposed sentence (probably one year probation or less without further incident), your misdemeanor charge will be expunged (erased).

[skizzle]

This is exactly what I was looking for. Your advice is extremely appreciated. I suppose you are right that legally it was no mistake on the day in question. In retrospect, it was the biggest mistake of my life.

I suppose this is what its like to go from feeling like a first class citizen to feeling like everyone I make eye contact with is accusing me of habitual thievery. Although I know this is not the case, my conscience won't let me feel otherwise.

If I do in fact get out of this somehow, I'm completely sure that I will never do anything like this again...

[rmet4nzkx]

This is exactly what I was looking for. Your advice is extremely appreciated. I suppose you are right that legally it was no mistake on the day in question. In retrospect, it was the biggest mistake of my life.

I suppose this is what its like to go from feeling like a first class citizen to feeling like everyone I make eye contact with is accusing me of habitual thievery. Although I know this is not the case, my conscience won't let me feel otherwise.

If I do in fact get out of this somehow, I'm completely sure that I will never do anything like this again...

I know you are grateful for Jet's advice, maybe more so after knowing the consequences of your actions. What you did was not a college prank, TPing a house, bubble bath in a fountain, are college pranks, what you did was intentional and for no purpose what so ever. You will learn an expensive lesson. While it is true that if you get an attonrey you may be able to negotiate a deferred judgement, diversion program and possibly dismissed or expunged record, you need to know that in the future, even if the case is dismissed or expunged does not mean that the record goes away entirely, it may in some places and still may show up in background reports and law enforcement will still have access to it, nor will it disappear in data bases that store such information. When you are asked certain questions on school, employment and liscensing applications, you will have to answer honestly and explain as needed, same when they run the fingerprint checks on you. So, while you may take the edge off this, you may also continue to deal with it, so let it be a lesson.

[skizzle]

Also good advice. However, I'm uncertain as to why you keep telling me every bad thing that could happen, and not how to avoid such possibilities. But for what it's worth, you've given me more insight into the situation, so thanks for that too.

I'm really not a bad person. It was a _stupid_ thing for me to do. I understand that now I have severe consequences for my actions. I'm so incredibly sorry. I wish that was all it would take to fix this. But now I'm stuck in the system, so hopefully things will work out.

[rmet4nzkx]

Also good advice. However, I'm uncertain as to why you keep telling me every bad thing that could happen, and not how to avoid such possibilities. But for what it's worth, you've given me more insight into the situation, so thanks for that too.

I'm really not a bad person. It was a _stupid_ thing for me to do. I understand that now I have severe consequences for my actions. I'm so incredibly sorry. I wish that was all it would take to fix this. But now I'm stuck in the system, so hopefully things will work out.

While Jetx gave you very general legal options, I gave some very realistic professional implications. Unfortunately, no one can tell you how to avoid the possibilities, the only way to do that would have been for you to have put the gel back. You will now have to deal with it. How many applications are you going to have to complete in the course of your career? How many licenses, certifications, professional organizations, accreditations? You will be constantly explaining the lesson you learned, and maybe even thanking me for the insight you received, and wished you had it sooner.

Pain in the a$$ that I am, I went to the trouble of looking up the possibility of expungement in Nevada, here is that information, so you will be informed as you seek representation and have a realistic expectation.
Nevada Law Summary
Expungement of Criminal Records


Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for Expungement of Criminal Records in Nevada, but does include basic and other provisions.

1. What is an expungement?

The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.

2. What records may be expunged?

In Nevada, there is no statute providing for expungement of criminal convictions.

3. Who is eligible for an order to seal criminal records?

Persons who are honorably discharged under NRS 176A.850 may have their records sealed, but their conviction can still be used in later convictions, for impeachment purposes, license and permit applications, and applications for public employment positions.
Also, persons discharged from probation under NRS 176A.260 may have records sealed 3 years after their dismissal. NRS 176A.265.
Persons convicted of crimes may have records sealed after varying numbers of years depending of the seriousness of the offense. NRS 179.245.
Persons completing a program of reentry may also have records sealed. NRS 179.259.
Persons who are arrested and later are acquitted or dismissed can also have records sealed under NRS 179.255.
Juveniles may also have all records sealed upon reaching 21. NRS 62H.140 a child adjudicated to be a delinquent for an act that would have been a felony if committed by an adult and which involved the use or threatened use of force or violence, sexual assault, battery with intent to commit sexual assault, or lewdness involving a child, and has not had records sealed before turning 21, may petition to have the juvenile court seal the records upon turning 30. The person must not have had any further convictions since turning 21, other than standing traffic violations. NRS 62H.150.

4. How do I get records sealed?

Only in the case of a child who turns 21 and has no records of being adjudicated to be a delinquent for an act that would have been a felony if committed by an adult and which involved the use or threatened use of force or violence, sexual assault, battery with intent to commit sexual assault, or lewdness involving a child is the sealing of records automatic.
In all other cases, the person who is the subject of the records must apply to the court having jurisdiction over the records for an order to seal them. The sealing of records is discretionary with the court. If an order to seal records is granted the court will name the persons and agencies subject to the order and serve them with notice that the records in their possession are to be sealed and open to inspection in limited circumstances.

[JETX]

Pain in the a$$ that I am, I went to the trouble of looking up the possibility of expungement in Nevada

Wow!! You make it sound like you spent exhaustive HOURS researching this for the OP. When all you really did was google it... as you did on another expungement post about Connecticut earlier today (so even less 'ordeal' on this post). Your 'research' came directly from the following website:
[url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/NV/NV-EXP.htm[/url]

And of course, NONE of that will apply if the OP gets a DA from the court. As noted in my earlier post, his attorney is able to negotiate a DA (and given the minor seriousness of the charge, that is likely), the issue of expungement will never arise.... as the charge will be dismissed upon the OP's successful completion of the terms as set by the court.

[skizzle]

Thanks, man. Is diverting judgment and expunging the same/similar? Or does that give me an opportunity to avoid the charge before hand, and then if that doesnt work, have the possibility of having the records expunged later on down the line?

I'm going to call a lawyer about this tomorrow, but this is clearing up my options in the meantime.

[JETX]

Thanks, man. Is diverting judgment and expunging the same/similar?

Yes. A matter of 'local terminology'.

Or does that give me an opportunity to avoid the charge before hand, and then if that doesnt work, have the possibility of having the records expunged later on down the line?

No, you will not 'avoid' the charge. In fact, you will have to plead guilty to the charge. In return, the court will assess a fine and a probated sentence. If you complete the full terms of the sentence (probably a year) without having any further legal 'problems', the court simply dismisses the charge. In essence, the court 'changes' your verdict to 'not guilty'. The conviction disappears. The record of your arrest will still remain, but it is much easier to seal a record if needed (and allowed), then to expunge a conviction.