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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 ?

Attorney Answers 4

  1. Best answer

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

  2. 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.

  3. 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.

  4. 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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