What is the process for getting a misdemeanor dropped to an infraction?

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What is the process for getting a misdemeanor dropped to an infraction?

Sentenced to 3 years informal probation. Judge said if I behaved for 2 years my misdemeanor can be dropped to infraction.

Asked on April 11, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were sentenced as part of your guilty plea concerning the misdemeanor charged against you where part of the guilty plea states in writing that if you honored your terms of the three years probation you could have your misdemeanor conviction reduced to an infraction after two years, and you have done so, you need to file a petition with the court to have the conviction reduced to an infraction.

I suggest that given the process is somewhat complicated that you consult with a criminal defense attorney to file such a petition for you rather than you try and do such on your own.


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