Legal Question in Criminal Law in California

Disorderly Conuct - 647(f) P.C.

If someone is charged with 647(f) P.C. (drunk in public/disorderly) and released per 849b(2) whith no further proceedings and no appearance required is this something that is on a permenant record as a misdemeanor? Is it necessary to have this expunged for purposes of applying for jobs/ schools?


Asked on 4/25/05, 3:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Disorderly Conuct - 647(f) P.C.

You can't be both 'charged' and 'no appearance required'. Either you were released without being charged, or you were charged and a court date will be set. You better check out the situation, to avoid missing a court date if one is set. If you need counsel to represent you in court, contact me.

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Answered on 4/25/05, 3:23 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Disorderly Conduct - 647(f) P.C.

Thank you for your posting to lawguru.com. Penal Code 647(f) is typically a misdemeanor, although a common related count, PC 415, can be charged as an infraction. You've asked about expungements, and only a plea of guilty or no contest, or a verdict of guilty at trial, would create a criminal record, and thus trigger the possibility of expungement under Penal Code section 1203.4 If you were cited and released, without a court date, citation, promise to appear, or other future resolution date of the case, which is rare, you may have just been subject to a police agency that chose not to file or forward filing of charges to the prosecuting agency. In such a case, consider yourself lucky.

I hope this answers your questions, but if you do have any further inquiries, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.

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Answered on 4/25/05, 8:25 pm


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