Can I get an M.I.P. infraction removed? 3 Answers as of March 28, 2011

I pleaded no contest to an M.I.P. that was just marked as an infraction, not a misdemeanor. I received it outside an apartment off-campus from UCLA. I got my license suspended for a year but was instructed by the judge to go to the DMV to see if I could get a provisional license to drive to work. But, I went to the DMV and they said these sort of sentences can get reduced or removed if I were to go back to court? If I can get it reduced or removed? How would I go about doing that? (The arresting officer told me that I would NOT lose my license and just pay a fine because UCLA had some deal worked out that way to make it an infraction. The judge said otherwise)

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Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You should have fought this citation with an attorney. It might be able to be set aside and a new hearing requested. You might be able to get a critical needs license from the DMV so you can get a restricted license. This would not be necessary if your conviction is dismissed. Call if you have questions.
Answer Applies to: California
Replied: 3/28/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
In California, if you are a minor (under the age of 21) convicted of a criminal offense involving drugs and/or alcohol, you will lose your drivers license for a period of one year. Vehicle Code Section 13202 requires the court, upon conviction, to suspend the minors driving privilege for one year. If the minor does not yet have a license, the minors ability to obtain a license will be suspended for one year. In your case, an infraction is as low as criminal charges get. There is nothing to reduce it to beyond an infraction. I think your best option at this point is to hire an experienced criminal defense lawyer to go into court and try to withdraw your plea to the minor in possession infraction. Often times, a court will allow a minor to attend some AA meetings in exchange for a dismissal of the charges. This way you don't suffer a conviction and, as a result, save your license from being suspended. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions like yours] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if all terms of sentencing [which would include your term of license suspension] and at least one year of probation are completed [or the court grants an earlier termination of probation by a motion and court order], and if there are no new charges pending. If successful, the conviction or plea would be retroactively withdrawn and the charges dismissed. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. The bad news for you is that your Motion and Application would have to specifically request that the license suspension be set aside. That is not usually part of an expungement request, and I cant guarantee it will be granted. Youll have to pay and roll the dice to find out. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 3/28/2011
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