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California Now Allows Expungement of Most Infractions

An infraction is a minor offense that can only be punished with a fine.

AB 2582, amending § 1203.4 of the California Penal Code and effective January 2011, allows certain NON TRAFFIC infractions to be expunged. Up until this time, only felonies and misdemeanors were eligible to be expunged. The California Legislature recognized this as an unfair situation, and added certain infractions to the types of cases that now can be expunged.

Historically, many cases were plea bargained down to an Infraction for minor crimes, or for first offenses, meaning that the Defendant did not receive a misdemeanor or felony conviction. This was a good tool, however the expungement statute made no provision for expunging an infraction conviction. This is because when the original expungement law was written, the only infractions were traffic related (speeding or stop sign violations, for example) and the legislature did not intend the law to remedy traffic matters. (The new law also specifically excludes traffic violations.)

These non traffic types of California infractions can now be expunged. This will be very helpful to those convicted of infraction violations such as disturbing the peace (§415 of the Penal Code, trespass (§602 of the Penal Code), or petty theft under Penal Code §490.1. The change in the law also applies to Infractions that occurred before the law was changed; that is, an infraction from 10 years ago can now be expunged, even though at the time the case happened infractions were not expunge-able.

Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court hearings. You will not need to appear in Court. California Infraction Expungements usually take 8-12 weeks.

All legal work is done by an Attorney with more than with 20 years criminal law experience and more than 2500 successful expungement cases.

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We are a small firm that emphasizes personal attention, not a high volume of cases. Our fees are reasonable and competitive; you usually do not need to appear in court. Call or contact us through our site for a FREE Attorney consultation. We ONLY practice California Expungement Law.

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