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Is there a way to get a petty theft infraction expunged from your record in California?

Rancho Cucamonga, CA |

I need to get a petty theft infraction expunged off my record.
I was trying to sign up for a volunteer opportunity and they told me I did not pass background because of this, which was from 2010.
I don't want this one blemish to affect my ability to obtain employment. I will be graduating college soon and I need to get it taken off. If anyone knows anything about doing this, or is able to help me please contact me. Any advice is much appreciated.

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Attorney answers 4


You can petition for "expungement" pursuant to Cal. Penal Code 1203.4 at the court clerk's office in the County where you were convicted.

Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.


Yes, there is. I am not clear about your particular charges as the information is somewhat contrary. An infraction is less than a misdemeanor, yet it showed up in a volunteer background check. Your concern is warranted. Contact any Avvo or other criminal attorney and discuss it.


Sounds like its a misdemeanor petty theft - not an infraction. And yes you can get it expunged. Call an attorney to review the old case.

Our 24 hour help line: 310.896.8529 Borhani Pejman Law Firm Legal disclaimer: This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case.


Yes you can expunge the petty theft. There is a fee and one page form to fill out and serve the city or prosecutions office. If truly an infraction then there is no expungement remedy as that only applies to misdemeanors and certain felonies. Consult with an attorney before you go further.

Jeffrey George Moore

Jeffrey George Moore


There was a recent change to 1203.4a (I mistakenly cited to 1203.4 in my's really 1203.4a). Infractions can now be "expunged" one year after the pronouncement of judgement.

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