Will I have a public record for a citation for public intoxication? 43 Answers as of May 09, 2012

I was sent to a hospital when my friends called 911 due to intoxication, however I received a call from the police the next day and he said he was mailing a citation for public intoxication. What does this mean and will I have a record? The cop said no to the record.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If one is arrested and later released and provided with a notice that their arrest is considered a detention only pursuant to Penal Code section 849b, then it does not qualify as an arrest. It still may show up however on your automated criminal history if you were booked and fingerprinted.
Answer Applies to: California
Replied: 5/9/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on what you were ultimately charged with. In some instances, public intoxication can be charged as a misdemeanor. In other instances, it's a civil infraction. I'd recommend you obtain legal council to assist you with this matter and review the ticket.
Answer Applies to: Michigan
Replied: 11/28/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Without any deal that it would be dismissed if you stay out of trouble then YES you would have a public record. Public Intoxication is a crime.
Answer Applies to: Michigan
Replied: 11/16/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would have to know the exact section of the penal law. If you are convicted you will have a criminal record. You should hire an attorney.
Answer Applies to: New York
Replied: 11/16/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The charge is a misdemeanor and is punishable by up to 90 days in jail and a $1000 fine. If convicted, you would ave a permanent criminal record. In most cases, a criminal conviction can be avoided. You should contact an experienced criminal defense attorney.
Answer Applies to: Minnesota
Replied: 11/16/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If you are being charged with an infraction you will likely not have to worry about this incident being on your 'record'. However, if you are convicted of a misdemeanor, this will stay on your criminal record unless you hire an attorney to file an expungement for you. It is beneficial to have your misdemeanor dropped to an infraction rather than maintaining a misdemeanor conviction.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If you get convicted you will have a municipal ordinance record. You would have to wait two years before you could get it expunged so in fact you would have a record.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Yes. You will have a criminal record. The record can be sealed after three years.
    Answer Applies to: Nevada
    Replied: 11/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Public intoxication is an infraction as it shows up on your record the same as a traffic ticket would.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Any time a criminal charge is filed, either by an arrest or by a notice to appear (citation), there will be some record of the event.
    Answer Applies to: Kansas
    Replied: 11/15/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    That is an infraction, kind of like a speeding ticket. Nobody will be able to see it except the police and prosecutor if you get into trouble in the future.
    Answer Applies to: California
    Replied: 11/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you have no criminal history, you will probably pay a fine. If the charge is Disorderly Conduct, which is more likely, you can have the case vacated and dismissed after a certain amount of time.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Generally speaking, if you are not booked and fingerprinted, a charge will not appear on your criminal record.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If you get the citation then you have a record.
    Answer Applies to: Nebraska
    Replied: 11/15/2011
    Williams Law Group | Clarence Williams, III
    If you were not arrested, booked, or fingerprinted, there is a very good chance that the citation will not appear on your criminal record. The majority of the municipal courts in Georgia issue public intoxication tickets as city ordinance violations which are offenses that are usually treated like traffic citations and are resolved upon payment. Furthermore, the scenario that you provided would be hard to prove if you chose to contest the ticket. I would consult with an attorney before you pay the citation to make sure it is not going to appear on your criminal record if you choose not to contest the validity of the citation.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If it is a civil infraction it will not leave a criminal record. You will have to see under which statute or ordinance you are being charged.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If there is a conviction for a misdemeanor public intoxication, then it will be on your record. You should consult with an attorney about handling your case to see about getting it dismissed or reduced to an infraction.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If it is your first offense you will get an ACD dismissal and have no record. You should retain a good criminal attorney to get the case dismissed so that you will not have a criminal record. Life is about making good decisions and getting arrested will hurt your chances of being successful. You must be very careful of what you do in public, and even more careful of what you do in private to be successful in life.
    Answer Applies to: New York
    Replied: 11/15/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    There is no state law against public intoxication. It was probably just a local ordinance in the locality where he was that will not create a criminal record.
    Answer Applies to: New York
    Replied: 11/14/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    May I suggest hiring legal counsel familiar with representing students/young people to get the charge dismissed and then get the allegation expunged later.
    Answer Applies to: Pennsylvania
    Replied: 11/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you will. PC 647(f) is a misdemeanor, which is a criminal offense that will show up on your record as such. You should hire an experienced attorney, because this charge is relatively minor, and skilled lawyers can probably get the charge infracted or dismissed altogether.
    Answer Applies to: California
    Replied: 11/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    A citation is a ticket. You need to now hire an attorney and fight the ticket.
    Answer Applies to: Texas
    Replied: 11/14/2011
    The Law Office of Marc G. Snyder | Marc Gregory Snyder
    In Maryland there are a particular set of "nuisance" ordinances that if you are found guilty of it is possible to have expunged after a number of years. It is important that you contact someone who handles this type of case so that you may possibly have the charges dismissed on your behalf, and if not to find out if what you've been charged with is in fact covered under this.
    Answer Applies to: Maryland
    Replied: 11/14/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    If it's just a city or county ordinance violation there should not be a criminl record
    Answer Applies to: Georgia
    Replied: 11/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If you receive a citation you have been charged. Whether you are convicted or not depends on what happens in court. In many situations like this a case can be resolved without it going on your record. You may want to consult with an attorney to ensure that outcome.
    Answer Applies to: Minnesota
    Replied: 11/14/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    If the police department issues a citation, complaint or summons, it will show up on your criminal history but not as a crime
    Answer Applies to: New Jersey
    Replied: 11/14/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    It depends on whether you were cited as a misdemeanor or an infraction. Public Intoxication is usually an infraction. Generally speaking, infractions are not visible on your public record, but will be part of your criminal history and will be visible only to law enforcement officers.
    Answer Applies to: California
    Replied: 11/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If you're arrested, charged and/or convicted of any criminal offense, you will have an entry on your criminal history. What that entry will be and whether or not it can be used against you in any way depends on what happens with your case and why somebody needs to know about your history. Public intoxication [Penal Code section 647(f)] is a misdemeanor, carrying potential jail time, probation and fines. With all due respect to the officer, their answer about your record is incorrect.
    Answer Applies to: California
    Replied: 11/14/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You may have a record for public intoxication if you case is filed as a misdemeanor and you are thereafter convicted of the misdemeanor charge. If your case is file as an infraction, these are considered non-srious cases for which you cannot be incarcerated. Infractions typically do not appear on your criminal history.
    Answer Applies to: California
    Replied: 11/14/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes, you may be looking at a criminal record with an arrest for PC 647(f). You may also have to fight this case in court if the District Attorney chooses to file on you.
    Answer Applies to: California
    Replied: 11/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It all depends. From the sounds of it (since the officer said "No" to a record), in the jurisdiction in which you live, it sounds like public intoxication is not a criminal offense. I suggest that you speak with an attorney in your area.
    Answer Applies to: Washington
    Replied: 11/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    A criminal record consists of records of arrests (sounds like you were not arrested) and court records (you will be in court so you will have a court record). Many courts have their records online and they can be easily located. However, many municipal courts do not have their records online and so they are not so easily located.
    Answer Applies to: Colorado
    Replied: 11/14/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    If you will be receiving a citation, it will have the charge (it is a misdemeanor) and the court date/court location. Once you get it, you may want to consult an attorney.
    Answer Applies to: California
    Replied: 11/14/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It depends on what you mean by "record". If you're cited on suspicion of a crime, there will be a public record of the citation, even if you're not convicted of any crime. You might be eligible for some sort of diversion, which would also be noted in public records even if the case is eventually dismissed. In both of the above-described situations, there will be "records" kept, but they won't necessarily show that you were ever convicted of anything. If you're eventually convicted of a misdemeanor for 647(f) or 11550 (depending on what you under the influence of), there will obviously be a public record of that conviction. Talk to an attorney about your options.
    Answer Applies to: California
    Replied: 11/14/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You will not have an arrest record but you will have a court record if the case proceeds.
    Answer Applies to: Montana
    Replied: 11/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The officer is correct. You are not formally charged with a criminal offense, the citation is like a minor traffic offense, not a mark on your criminal record.
    Answer Applies to: Illinois
    Replied: 11/14/2011
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