Can a theft charge be expunged in Massachusetts?

Massachusetts allows sealing of theft convictions after a waiting period — 3 years for misdemeanors, 7 years for felonies. A CWOF disposition can keep a conviction off your record entirely if probation is completed. Attorney Clifford advises on the best path to protect your record.

What is the difference between larceny and theft in Massachusetts?

In Massachusetts, larceny is the legal term covering what most people call theft — the unlawful taking of another's property. Larceny under $1,200 (M.G.L. c.266 §30) is a misdemeanor; over $1,200 is a felony. Shoplifting has its own statute (M.G.L. c.266 §30A) with different procedures.

Massachusetts Theft & Larceny Defense Lawyer

Q: Is shoplifting a felony in Massachusetts?

Shoplifting under $1,200 is a misdemeanor in Massachusetts. Over $1,200, it becomes felony larceny carrying up to 5 years in state prison. Attorney Clifford works to keep charges at the lowest level possible or have them dismissed entirely.

Massachusetts Theft & Larceny Laws — What You're Facing

Theft charges in Massachusetts cover a wide range of offenses — from shoplifting a $50 item at a retail store to grand larceny involving thousands of dollars. The charge level, penalties, and consequences depend on the value of what was allegedly taken. Attorney Mark J. Clifford defends every level of theft charge across all Massachusetts courts.

Don't assume a small theft charge isn't serious. Even a misdemeanor larceny conviction creates a permanent criminal record that appears on background checks, costs you jobs, housing, and professional licenses.

Theft & Larceny Charges in Massachusetts — Penalties

Offense	Statute	Penalty
Shoplifting (under $250)	M.G.L. c.266 §30A	Up to 1 year, $250 fine
Larceny under $1,200	M.G.L. c.266 §30	Up to 1 year, $1,500 fine
Larceny over $1,200 (felony)	M.G.L. c.266 §30	Up to 5 years state prison
Larceny from person	M.G.L. c.266 §25	Up to 5 years state prison
Armed robbery	M.G.L. c.265 §17	Mandatory minimum 5 years, up to life
Receiving stolen property	M.G.L. c.266 §60	Up to 5 years (if over $1,200)

Defense Strategies Attorney Clifford Uses

Challenging Intent

Larceny requires proof that you intended to permanently deprive the owner of their property. Mistakes, misunderstandings, forgetfulness, or mental health conditions can negate intent. Attorney Clifford raises intent challenges in every case where applicable.

Challenging Identification

Retail theft cases often rely on surveillance footage or loss prevention officer testimony. Attorney Clifford scrutinizes the quality of video evidence, the chain of custody, and whether identification of the defendant is reliable beyond a reasonable doubt.

Diversion & CWOF

First-time offenders frequently qualify for a Continuance Without a Finding (CWOF), which keeps a theft conviction completely off your criminal record if probation is completed successfully. Attorney Clifford negotiates for CWOF in every eligible case.

Suppression of Evidence

If store personnel or police conducted an unlawful detention or search, evidence obtained may be suppressible. Attorney Clifford reviews every shoplifting and theft arrest for Fourth Amendment violations.

Value Disputes

When the alleged value of stolen property is near the $1,200 felony threshold, Attorney Clifford challenges the prosecution's valuation — keeping a felony charge at the misdemeanor level makes an enormous difference in penalties and your permanent record.

Common Theft-Related Charges We Defend

Shoplifting — retail theft from stores, including organized retail crime
Larceny by check — writing bad checks with intent to defraud
Larceny by false pretenses — obtaining property through deception or fraud
Embezzlement — theft by an employee or person in a position of trust
Receiving stolen property — knowingly possessing items someone else stole
Motor vehicle theft — unauthorized use or theft of a vehicle
Unarmed robbery — theft by force or threat without a weapon
Armed robbery — robbery with a dangerous weapon — mandatory minimum sentences apply

Facing a Theft Charge in Massachusetts?

Don't let a theft charge follow you for life. Attorney Mark J. Clifford fights to keep charges off your record — free consultation available 24/7.

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Frequently Asked Questions

Is shoplifting a felony in Massachusetts?

Shoplifting under $1,200 is a misdemeanor. Over $1,200, it becomes felony larceny. Attorney Clifford works to reduce or dismiss charges and protect your record.

Can a theft charge be dismissed in Massachusetts?

Yes. Many theft cases are dismissed through CWOF, diversion, or lack of evidence. First-time offenders especially have strong options for keeping a theft charge off their record entirely.

Will a theft conviction appear on a background check?

Yes — until it is sealed. A CWOF avoids a conviction entirely. For actual convictions, Massachusetts allows sealing after 3 years (misdemeanor) or 7 years (felony). Attorney Clifford advises on the best path for your situation.

Massachusetts Theft & Larceny Defense Attorney