If you were charged with misdemeanor larceny, concealment of goods, or larceny by changing a price tag in Wake County, and this is your first criminal charge, there is a good chance you can have the charge dismissed and expunged from your record.
In Raleigh at the Wake County Justice Center, Wal Mart has its own designated day where all loss prevention officers (LPOs) appear to handle cases. On the first Wednesday of each month, the LPOs gather on the second floor to help the assistant district attorneys prosecute larceny cases. Very few of these cases ever go to trial.
Most do not go to trial because the defendant is often eligible to enroll in a deferral program. The deferral program in Wake, known as the “First Offenders” program, allows a defendant to complete 75 hours of community service at a designated non-profit (often Habitat for Humanit/ReStore) to earn a dismissal. The defendant has six months to do so and cannot pick up any other non-traffic misdemeanors during that six months. There are also costs and fines associated with the program that can be paid throughout the duration of the six months.
The presiding judge will give the defendant a date to appear in court in approximately six months to have the charge dismissed if the defendant has successfully completed the program. If the defendant has an attorney and is in compliance, usually the attorney can appear for the defendant in lieu of the defendant coming to court.
Once the charge is dismissed, the defendant can file for expungement. Currently, the fee is $175 to the Wake County Clerk of Court (cash, money order, or credit card) to file, but this will change in December 2021 when the Second Chance Act fully kicks in — the fee will no longer be required for cases dismissed after December 2021. Currently, expungements can take up to a year to fully process (although it’s often shorter in Wake because we have awesome expungement clerks).
If you have been charged with theft from Wal Mart or another retail store in Apex, Holly Springs, Morrisville, Zebulon, Raleigh, or Cary, contact Paige Feldmann at hello@paigefeldmannlaw.com for a free consultation. Paige has handled many Wal Mart cases and has successfully had many people receive dismissals through deferral programs.
There are other ways to have a Wal Mart case dismissed, such as trial. A defendant should not go to trial without an attorney. Call William at 919-880-2124 for more information.
