Wednesday, January 14, 2009

Common Question: Can I Expunge An Infraction In California?

IMPORTANT UPDATE:

Effective on January 1, 2011, California will allow expungement of infractions 1 year after the person was sentenced. To have you infraction expunged, please The Law Firm of Higbee & Associates (RecordGone.com) at 877-573-7273. Higbee & Associates charges $595 for infraction expungement and offers a money back guarantee.

Common Question: Can I Expunge An Infraction In California?

Answer: No, unless it is an exceptionally rare case where the court charges an offense as an infraction in a case that also contains a misdemeanor or felony conviction that is eligible for expungement.

Analysis: California's expungement law is Penal Code section 1203.4. Subsection (b) states that an infraction is not eligible for relief under 1203.4. However, if the conviction contains a conviction that is eligible, the infraction can be dismissed (expunged) along with the rest of the case. Otherwise, if the conviction is just for an infraction, it can never be expunged under existing law. This is a rule of judicial economy. The legislature has continued to take the position that infraction is such an insignificant class of offense that it is not worth court resources to expunge the offense.


IMPORTANT UPDATE:

Effective on January 1, 2011, California will allow expungement of infractions 1 year after the person was sentenced. To have you infraction expunged, please The Law Firm of Higbee & Associates (RecordGone.com) at 877-573-7273. Higbee & Associates charges $595 for infraction expungement and offers a money back guarantee.

2 comments:

Anonymous said...

My daughter has an infraction on her record for shoplifting. She wants to clear her record so she does not have problems getting a job or volunteer work. Why do have such a stupid law that does not clear her record, but yet we clear peoples records with bigger crimes, like misdemeanors or felonies??? Money or no money...THIS IS WRONG and stupid. I would like to talk to others in this situation??
Thank you

Anonymous said...

I have the same exact problem and everyone minimizes the infraction as if it won't cost me a job. It has cost me 5 jobs which were going to hire me until they were made aware of the "infraction". My infraction is from 9 years ago and I have no further offenses or prior offenses and it is still haunting me to this very day. HELLLLPPPPP!