Legal Question in Criminal Law in California

misdemeanors/infractions

I have an infraction/misdemeanor that is 6 years old. I was told that it should fall off my record in 7 years. Do I start to count the years from the time the incident occured or from the time of the court ruling? The courts told me that it was an infractions (theft of property under $100)and that it should not keep me from getting a job. However, I missed out on two good paying jobs because it shows up on a background check. I want to know how long I must wait befor it drops off my record?


Asked on 9/22/04, 5:52 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: misdemeanors/infractions

Thank you for your posting, and the opportunity to serve you further.

Misdemeanors and infractions are not the same thing, so for purposes of an answer, you would need to find out which it is.

For example, misdemeanors stay on your record for life, unless specifically expunged by court order. There is no "seven year rule" for misdemeanors, although for some priors, such as a DUI, you can only be charged with a second time offense if it is within 7 years.

Infractions are considered terminal dispositions, and would not be on your record at all, unless you mean a driving record.

I hope that this information helps, but if you have any other questions, or feel that you need legal assistance, 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 9/22/04, 8:51 pm
Terry A. Nelson Nelson & Lawless

Re: misdemeanors/infractions

It doesn't 'drop off' ever; you will need to file a motion and application to the court to expunge it so you can then legally tell employers 'no' to that question about convictions. Contact me if interested in doing so.

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Answered on 9/22/04, 9:06 pm


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