Tooby's California Post-Conviction Relief for Immigrants

By a motion to reduce a misdemeanor to an infraction, certain listed misdemeanors may be reduced to infractions by order of the court in which they were rendered.  This can have important immigration benefits when it is necessary for the client to avoid having a certain number of misdemeanor convictions in order to qualify for a specific immigration benefit. 

            Warning.  Expungements pursuant to Penal Code § § 1203.4 and 1203.4a do not apply to infractions.  Therefore, if the client suffered a conviction for an infraction involving moral turpitude -- such as petty theft under $50 -- or other class of offense for which an expungement is effective in removing the adverse immigration consequences, counsel should not reduce the misdemeanor to an infraction if expungement is desired.  On the other hand, now that expungements have limited value in reducing immigration consequences, this consideration may be irrelevant.