I was charged with petty theft misdemeanor. Is it best to have the case expunged or go to court and ask to have it reduced to an infraction?

happened in 2006- no priors or charges/convictions since, I believed that this charge was reduced to an infraction all this time but recently found out that it was filed and convicted as a misdemeanor.

Asked on March 16, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Given the age of the conviction (6 yrs ago), your best option is to have the case expunged and have the conviction removed in its entirety. A criminal expungement allows you to say that you have never been convicted of a crime. The odds of having the conviction reduced to a civil infraction is very slim due to the age of the case.Speak with a criminal defense attorney in your area to see if you qualify for a criminal expungement in your state. 

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