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  1. #1
    Join Date
    Jan 2006

    Default Petty Theft 488 misdemeanor dropped to 490.1 infraction

    I had my arraignment today for being charged with shoplifting a $35 item at Costco. In a nutshell, I was offered a bargain from the DA office to drop my PC 488 misdemeanor to a Petty Theft 490.1 Infraction, which is punishable only by $50 fine. I asked for the offer to remain open to find an attorney and ask some questions, which the judge granted, and set a pretrial conference where the 490.1 infraction bargain would still be available in a few weeks.

    I went to the PD office who gave me conflicting views. The PD at the court said that she said the 490.1 infraction, like a traffic ticket, is not a criminal conviction, and therefore my record would be clean so to speak. However, the infraction would still be there, and I'm afraid that it would haunt me, to which the PD at the court said to consult another attorney. The other option would be to go to the pretrial conference (which the PD at the office told me) and ask for a diversion program, which wouldn't show up publically in a criminal record but would show up for government employers that I had completed a diversionary program.

    A final option I thought of was to hire an attorney in hopes of getting the charges dismissed all together. However, since they already dropped the charge to an infraction, I'm not sure if this is possible.

    What are your thoughts on this? What should I do?

    Cliffs notes:
    - Charge dropped from Petty Theft 488 to Petty Theft 490.1 infraction, punishable by $50 fine
    - Asked for an extension, was granted
    - Now must choose between accepting the 490.1, pursuing diversion, or pursuing dismissal by hiring an attorney

  2. #2
    Join Date
    Jan 2006
    Martinez Ca.


    how much you had to pay COSTCO for the civil demand :?: THANKS

  3. #3
    Join Date
    Jan 2006


    Don't know they haven't sent a civil demand yet.

    On the side note, if it's possible to get an infraction "removed" from the record, I'd like to take that route. Diversion is tricky since it may or may not show up on a background check under a criminal record.

  4. #4

    Smile Re: Petty Theft 488 misdim. dropped to 490.1 infraction

    According to some posts I've read here today, infractions don't show up on records to begin with and are regarded as a more desirable option than diversions. I'm very happy for your luck to have been offered that route. Good luck with everything!

    Suggestion: You might want to look into the option of a civil compromise if your state offers it, too. I don't know which is better between a civil compromise and an infraction, sorry.

  5. #5
    jdm8021 Guest

    Default Re: Petty Theft 488 misdemeanor dropped to 490.1 infraction

    What are the chances taht the DA drops my misdeamonor to an infraction. The value i took from the store was about $43. Under $50 i read is an infraction right?

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