Woman Convicted of Misdemeanor May Be Eligible for Expunction

Posted on May 13, 2013

A Superior, Wisconsin, woman had an unfortunate lapse of judgment at work that resulted in a misdemeanor conviction.

Kristy Alice Schleski, 22, was working as an overnight supervisor at a local convenience store. The store managers noticed that there was a lottery ticket shortage in November and December and eventually checked their in-store video cameras to see what was happening. The tapes showed that Schleski would ring up the lottery tickets, and then void them out. She'd give the tickets to the person standing at the counter. Schleski admitted to Superior Police Officer Jeff Felton that there were multiple times that her friend would come into the store, pay for one ticket, but get several back in return.

Ms. Schleski pled guilty in Douglas County Circuit Court to one count of theft-business setting. Her sentencing included one year of probation and one day in jail. She must pay $941.88 restitution, undergo counseling and pay $276 in fines and court costs. Another special condition of her probation is that she is not allowed to gamble. If all parts of her probation are successfully completed, her charge is eligible for an expunction. This means her misdemeanor will be completely wiped from her criminal record.

If this had happened in Texas, Ms. Schleski may not have been eligible for expunction. State laws vary on how leniently low-level offenders will be treated. Expunction in Texas is most often granted if someone was arrested but not charged, or convicted but had the charges dismissed. There are many exceptions to expunction, though, so it's possible an experienced Texas criminal defense attorney may have found a path to expunction eligibility in our state.

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Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 30 years.