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Petty theft misdemeanor charge will be reduced to petty theft infraction or misdemeanor trespassing. Which one will be better.

Burlingame, CA |

petty theft infraction vs. misdemeanor in trespassing, which one to accept. I need to take care of belows:
1.Future employment and back ground check
2.Future license application for speech pathologist
3.Citizenship application.
I was cited and not fingerprinted. If it will be ian nfraction( petty theft)will it show in my police record(rap sheet) and employment background check.
Overall I am getting impression that to avoid a "theft"conviction ( moral turpitude) to be safe for licensing and immigration purposes.

Attorney Answers 9


  1. You really need to consult with an immigration attorney experienced with criminal matters in California.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. the trespass is likely better than any theft charge, but check with an immigration attorney.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. You need to schedule a consultation with an experienced immigration attorney. It is difficult to assess the immigration impact of a conviction without reviewing the criminal record and the underlying statutes involved.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  4. I agree with my colleagues. You need to consult a California immigration attorney who is familiar with criminal law as it is the language in the statute which will best determine which charge you should accept.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  5. trespass; but talking to an experienced immigration attorney in person would be even better.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  6. Is a P. C. section 1377 possible in this matter? For State licensing purposes, a P.C. § 1377 would be way better than either of the alternatives you are considering.

    State licensing authorities will always scrutinize the underlying facts and circumstances of any conviction -- not just the charge of conviction or plea. Theft offenses are always a significant problem for licensing, particularly in personal services or health care fields with dependent or impaired clients. The best solution for you is one that does not result in a criminal conviction. Infractions, like misdemeanors, are crimes in California. See CA Penal Code section 16.

    If you are not finger-printed, the conviction may not be reported in the CA Dept of Justice record. But that presents its own dilemma. When you apply for State license you will be required to disclose all convictions including non-traffic infractions. If you fail to disclose, and your conviction is discovered, you will be denied State license on dishonesty grounds --- a very bad and long lasting result. It can be very risky to fail to disclose in reliance on the D of J (Live Scan) record. Increasingly, these improper denials come to light and State licensing agency reaction is harsh and unyielding. "I didn't know" gets you nowhere.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  7. You should consult with an immigration attorney, however, you have to be careful for offenses that are either considered crimes of moral turpitude and/or considered aggravated felonies. FYI - a crime constituting an "aggravated felony" doesn't have to be a felony, a misdemeanor COULD be considered an AF. In any event, I would bet that the infraction would better suit you as you won't be placed on probation and you wouldn't have a misdemeanor on your record.


  8. I would talk your criminal defense attorney and see if he/she can get the charge reduced to a 415(1) infraction which is "disturbing the peace" and will not impact immigration. There are ways that your attorney may be able to work out an informal diversion program or civil compromise to reach this result.


  9. Remember that for licensing, they will look at original charge and police report. Infraction is best and if it's one for disturbing the peace/trespass -- that is better than theft. It also depends on how the case was resolved. Are you to plead to the misdemeanor and have it reduced to an infraction later? Best if you can get all the requirements and get a straight infraction plea. Petty theft infraction is not a criminal offense and there is no probation. Some licensing applications ask for infractions. Infractions are preferable in my opinion than misdemeanors because they do not show up on a DOJ record (and thus petty theft infraction is better than misdemeanor trespass conviction). But immigration attorney is a necessity here to be sure.

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