Expunge an infraction? It will now be possible.

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Can you get an infraction expunged from your record?

Under the current (2010) law, if you were convicted of a misdemeanor or felony that did not result in a state prison sentence, you could seek an ‘expungement’ under Penal Code section 1203.4.  You could also reduce some felonies to a misdemeanor in trying to clean up your record.   There was a specific part of that law that excluded the ability to expunge infractions.  Seems odd – you could clear off more serious charges, but not minor ones.  For example, you could seek an expungement on a misdemeanor petty theft, but not if you got it reduced to an infraction theft offense or infraction trespass charge as part of your plea.

That law is now scheduled to change on January 1, 2011.  Governor Schwarzenegger signed into law a new bill that will allow a non-traffic infraction to be expunged after one year from the date of your plea.

There are some exceptions, but if you’re looking to get old charges cleared up as much as you can under the law, that extends to infractions now.  Let me know if you want to discuss your options further.

Joe Dane

info@joedane.com

(714) 532-3600

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  3. […] new law in January 2011 will now allow you to expunge infractions from your record as well.  Under the current (2010) law, you couldn’t do that, but now you can even clear […]