Question: So, I have misdemeanor trespassing 602(k) on my record. It’s 9 years old and I want to expunge it. Also, is this something that can reduced to an infraction before I try to get it expunged? Through googling I see that 602(o) or 602(m) are but I’m not sure if mine is. I’m studying to be a nurse and I have to disclose any misdemeanor/felony convictions for licensing . If it were reduced to an infraction I wouldn’t have to disclose it anymore right?
Answer: Hi, based on the knowledge off the top of my head, I do not believe PC 602k is listed as being a woblette (ie. misdemeanor or infraction) based on the statute and a separate statute that lists certain charges that are able to get reduced to an infraction. That being said, I have seen instances where certain charges are pled to or reduced to infractions even technically the statute does not specifically state that is an option. In the event the charge was officially reduced to an infraction through the PC 17 process, then it would be considered an infraction for all purposes moving forward, and once dismissed per PC 1203.4 (ie. Expunged) it would be an infraction that was dismissed (as opposed to a misdemeanor that was dismissed).
Call me at 818-336-1384 and I can assist you with this. I understand time is of the essence for you and we can move quickly on it. In the meantime, for more information on the benefits of getting your conviction dismissed, click here: Dismissal of Conviction.
Philip Hache, Attorney