Legal Question in Criminal Law in California

10 years ago I was cited for an expired license as a misdemeanor (3 weeks expired and no priors).

The officer told me "go to the police station before this date, show them the ticket and tell them you're here to get your picture and fingerprints" Which I thought was a bit weird, but I said ok.

Three days later, I fixed my license, went to the local courthouse (not the police station), saw the clerk, showed them my fixed license and they reduced the charges to a mere traffic infraction.

about a month later, I did as the officer asked and went to the police station and then they "booked and released me". I still did not understand why I had to come here for this when the courts already.

So I recently found out that my record shows an arrest as a misdemeanor (the disposition does not show on my live-scan) after the fact that I already got it reduced to an infraction and was convicted on the infraction by the courts.

I feel this is not right.

If they had arrested me the night of, or before I went to the courthouse and had the charges reduced, but they did not. They chose to wait, fool me into coming in voluntarily (never telling me it was an arrest, so I did not know to get a lawyer or what my rights were). I went to the courts and had the charges reduced to an infraction, which means it was no longer an arrestable offense.

My question: Can the police department do a "book and release" on a misdemeanor charge after the courts already reduced the charges to an infraction and convicted the person on the infraction?

I feel once the charges were reduced and I was convicted of them, they are not able to charge me on a misdemeanor after the fact. I am now wondering if I should try to fight this but I'm not sure if I have a case.


Asked on 2/27/18, 9:35 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The PD probably should not have bothered doing so after the ticket was 'cleared' in court, unless doing so had been ordered by the court. But, there is no 'case' or 'fighting' this now, it is long ago closed and time barred. If you wanted to do anything about it, you should have objected or done so at the time, not wait ten years.

If you were actually convicted only of an infraction, which is the correct outcome of such charges, there is no misdemeanor conviction on your record to 'challenge' or 'clear' by filing an expungement petition. The record shows an arrest. That will not be changed, as it is accurate. This is no more serious issue than any other traffic ticket infraction offense.

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Answered on 3/01/18, 10:26 am


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