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In a case of misdemeanor or petty theft , what is the difference between diversion and infraction and expunger ?

San Jose, CA |

When do you usually get a diversion or an infraction ? What does one has to do in a diversion program ?

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Attorney answers 4


Diversion results in a dismissal but an infraction is technically a conviction. Diversion is almost always better.


Diversion: You agree to do something to earn a dismissal.
Infraction: It's like a ticket with a fine. A misdemeanor could be reduced to an knfraction.
Expungement: Asking the court to dismiss your case after conviction and usually once you have completed probation.



Can a diversion program be done from outside the country?


Diversion is when you complete a sentence in exchange for the conviction never being entered into the record. In Los Angeles County at least, Petty Theft Diversion usually results in Community Service or a theft prevention class.

An infraction is like a traffic ticket. When that becomes a conviction, you can Expunge the conviction from your record.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.



Can a diversion be done by someone who does not know English?


Diversion = Deferred entry /Dismissal once you comply with the terms of diversion. There will be no conviction and you will not have to disclose in any application for employment etc.
Infraction= Conviction of the lowest tier,but still a theft conviction.
Misdemeanor = Middle tier conviction ,not a felony and can be expunged once you complete the terms of any probation.
Your best bet if you are in the situation: Diversion.
Your best choice if you are charged: Hire a criminal defense lawyer.

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