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PC 1203.4a Expunging an Infraction- IE-Criminal Defense

I. PC 1203.4a: Can you expunge an infraction?

Legal Definition:

(a) “Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under the charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case, the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted…”

(b) “If a defendant does not satisfy all the requirements of subdivision (a), after a lapse of one year from the date of pronouncement of judgment, a court, in its discretion and in the interests of justice, may grant the relief available pursuant to subdivision (a) to a defendant convicted of an infraction, or of a misdemeanor and not granted probation, or both, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense, and is not under the charge of commission of any crime.”

II. Am I eligible to have my Infraction/Misdemeanor Expunged from my Record?

You must first be convicted of only an Infraction or a misdemeanor without being given Probation. So if you received a misdemeanor (with probation) or felony conviction, this section does not apply to you. However, you may be eligible for a possible Expungement under PC 1203.4 or a Felony Reduction under PC 17(b).

A Misdemeanor conviction without Probation is also known as a “terminal disposition”. Here, you simply plead guilty to the charge, and receive a fine, but have no Probation to the Court. This can happen in limited circumstances in criminal cases. An infraction, you cannot receive Probation, so an infraction conviction would be eligible to have your case expunged under PC 1203.4a. You must then, after conviction, go one year from the date of your conviction without any new law violations, and are not serving any other sentence at the same time, in order to expunge your case. If you are not eligible here, you still have an opportunity to have a Judge grant your request “in the interests of justice” under section (b).

III. Why should I do this?

If you have a misdemeanor conviction, it can affect your ability to get jobs in the future and can force you to have to explain, for the remainder of your life, your criminal history. An expungement prevents that and prevents you from disclosing your criminal history in most scenarios. If you have an infraction, you can sometimes want to completely clear your record to avoid anything ever appearing on your record. Though an infraction does not come up in job interviews, it still appears on your record. Professionals may look to do this because of fear of any issues in their licensing during renewals or for job promotions.

IV. Can an attorney help me get an Expungement?

Yes. An attorney can help you by drafting, filing and litigating your motion in Court. Some Judges will not see the purpose of granting an Expungement if you only have an Infraction plea, but as stated above, some people are held to a higher standard for their employment, and it is always better to be safer than sorry.

V. Call Today

A criminal record can slow down your future jobs and future earnings. It is always important to know your options and know how a simple mistake years before can follow you, and how you can forever fix that problem with an Expungement. Our Expungement Attorney has handled many Expungements under PC 1203.4  and PC 1203.4a, and can help you in your case too. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.

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