Is the amendment of vc 23222(b) retroactive? 6 Answers as of August 04, 2011

Does the amendment of vc 23222(b) on January 1, 2011 apply retroactively to past offenders before January 1, 2011 changing the criminal record history from a misdemeanor to infraction?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
No, if the conviction was prior to January 1, 2011 then the charge remains a misdemeanor.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Not until some affirmative action is taken by the defendant to change such a designation.
Answer Applies to: California
Replied: 8/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No. The record is never changed automatically or retroactively. However, the past conviction would be treated as infraction for the purpose of priors in any future charges. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase 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. 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: 8/1/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No it is not.
Answer Applies to: California
Replied: 7/31/2011
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