Check if a Misdemeanor Can Be Reduced to an Infraction
Given today’s reality of a competitive job market, scrutiny on professional license applications, and greater access to public records, it is very important to take advantage of all ways to reduce the harm of a criminal conviction. One of the ways to minimize the harm of an old misdemeanor conviction is to reduce it to an infraction, even after conviction. This is possible under Penal Code section 17, subdivision (d)(2):
A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:
(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.
Consequently, once the court determines the former misdemeanor to be an infraction, it is an infraction for all purposes, even if the reduction occurs after the conviction. An infraction looks much better on a person's record because it is the least serious conviction, punishable by only a fine.
The major limitation on the superior court’s power to reduce a misdemeanor to an infraction is that the offense must be one of those listed in Penal Code section 19.8. The following offenses are some of the most common offenses found in this section:
Disturbing the Peace (§ 415)
Trespassing or Loitering Near Industrial Property (§ 555)
Trespassing on Private Property (§ 602)
Willful Failure to Appear in Court After Promise to Do So (§ 853.7)
Person Under 21 Buying or Consuming Alcohol on Premises of Commercial Establishment (Bus. Prof. Code, § 25658)
Using a False Identification to Buy Alcohol/Underage Possession of Alcohol (Bus. Prof. Code, § 25661/25662)
Driving a Vehicle Without a License (Veh. Code, § 12500)
Driving on a Suspended License (Veh. Code, § 14601.1)
Failure to Appear After a Traffic Citation (Veh. Code, § 40508)
Penal Code section 19.8 lists several more offenses, but they are uncommon.
A person with one of the above-mentioned misdemeanor convictions is eligible to have that misdemeanor reduced to an infraction. Ultimately, the court decides whether the conviction should be reduced, so it is best to present an argument for why it should be reduced, such as a work opportunity or the good behavior of the person after the conviction. The place to make this request on the petition form, CR-180, which is available on the Judicial Council website, is in box number 1 on the far right side, “Eligible for reduction to infraction under Penal Code, § 17(d)(2) (yes or no).” Once reduced to an infraction, the case can also be dismissed (sometimes called “expunged”) under Penal Code section 1203.4a.
For questions about reducing misdemeanors to infractions in Alameda County, Contra Costa County, San Francisco County, and throughout the Bay Area, contact the Law Office of David Reagan for a free consultation.
