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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.