Legal Question in Criminal Law in California

Why would anyone have a misdemeanor reduced to an infraction? The DOJ says infractions show as a conviction on your record FOREVER. If you plead to a misdemeanor, you can have it expunged and you have a cleaner record than the person who had theirs reduced to an infraction. Also, if a local officer gives you an infraction, it stays in the local court and drops off after 3 or so years; but the misdemeanor reduced to an infraction will show FOREVER as a conviction in California DOJ. What am I missing here? And why is there no way to expunge a non-traffic infraction that can also ruin a young person's life?


Asked on 3/12/10, 3:56 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You apparently believe a so-called "expungement" is a lot more valuable than it really is.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed.

Department of Justice criminal history records, commonly known as a "rap sheet," are not available to the general public.

You still must disclose an "expunged" conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. For example, the State Bar requires applicants to disclose misdemeanor and felony convictions that have been dismissed under 1203.4, but not infractions.

A misdemeanor conviction involving domestic violence also results in a lifetime firearm ban under Federal law, but an infraction for disturbing the peace does not. A 1203.4 dismissal will not restore gun rights.

The dismissed conviction can still be considered a prior offense for future prosecutions; for instance, a prior misdemeanor theft conviction could make any future petty theft a felony, if the person served any jail time -- even a single day, which includes being booked at the jail.

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Answered on 3/17/10, 8:14 am


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