12500 VC misdemeanor citation but direct filed as infraction

[kevin00]

What is the name of your state (only U.S. law)? California

I was issued 12500 misdemeanor in CA for not driving with CA drivers license. Actually I was having valid out-of-state license. When I received my court notice it was directly charged as traffic infraction. I went to the court plead guilty for traffic infraction and paid the reduced fine.

Now, my question is,will this misdemeanor citation open a FBI and/or DoJ CA rap sheet for me? I'm an immigrant and will this misdemeanor citation affect me anytime in the future?

 

[TheGeekess]

Preview eats posts. An undocumented feature. Post again without using the preview function.

 

[kevin00]

Preview eats posts. An undocumented feature. Post again without using the preview function.

Done, sir.

 

[CdwJava]

No, it should not reflect on any criminal history as it was filed as an infraction and you were not booked under a misdemeanor.

 

[kevin00]

No, it should not reflect on any criminal history as it was filed as an infraction and you were not booked under a misdemeanor.

Thanks a lot. I was planning on pulling my DoJ CA rap sheet as one of the attorneys suggested that 12500 may be considered as a misdemeanor by the state even though it was filed as an ifraction. Is it true? My citation was circled as 'M' and it was filed as an infraction. Does it mean cop changed the initial ticket in the presensce of public prosecution?

 

[CdwJava]

These are rarely ever filed as misdemeanors simply because no DA's office is staffed sufficiently to pursue a potential jury trial for an unlicensed driver citation. If you have been cited a number of times for this, then it might be a possibility. If this is the first and only time, doubtful.

You also have to understand how a rap sheet is generated. A citation directly filed to the court does not generally create such a file. While it is remotely possible that a record is sent to the DOJ from the court concerning such a filing as a misdemeanor, these CORI (criminal offender record) files are generated most often by fingerprinting. When sent absent booking information, any rap sheet would show that the "arrest" is "unsupported" by fingerprint data and is generally considered unreliable.

So, while remotely possible that a misdemeanor criminal offender record was generated at filing, it should NOT reflect a conviction even if later found guilty of the infraction.

 

[kevin00]

These are rarely ever filed as misdemeanors simply because no DA's office is staffed sufficiently to pursue a potential jury trial for an unlicensed driver citation. If you have been cited a number of times for this, then it might be a possibility. If this is the first and only time, doubtful.

You also have to understand how a rap sheet is generated. A citation directly filed to the court does not generally create such a file. While it is remotely possible that a record is sent to the DOJ from the court concerning such a filing as a misdemeanor, these CORI (criminal offender record) files are generated most often by fingerprinting. When sent absent booking information, any rap sheet would show that the "arrest" is "unsupported" by fingerprint data and is generally considered unreliable.

So, while remotely possible that a misdemeanor criminal offender record was generated at filing, it should NOT reflect a conviction even if later found guilty of the infraction.

Thank you, again. So if I pull my DoJ rap sheet I will come to know whether misdemeanor offender record is generated or not. Am I right?

 

[CdwJava]

You should. I don't think it'll be there, but if you want to check it for peace of mind it's worth a go.

 

[kevin00]

You should. I don't think it'll be there, but if you want to check it for peace of mind it's worth a go.

Thanks again. I was able to collect court statement about my case. I see the following in that notice and I wonder what does it mean?
CNT-DT ISS-DT APP-DT WNT-DT DSP-DT MC RST-DT T PRG-DT XF WT D LC
080712 080212 092012 091912 1 092017 4


The date I was cited was 08-02-12 that's under ISS-DT. The day I appeared at court was 09-19-12 and original court appointment date was 09-20-12. I was wondering what others mean? Does '1' under MC means misdemeanor count??

And, under DISPOSITION
TYPE FINE JAIL
C


Thanks,

 

[CdwJava]

Each court has their own shorthand. I could guess, but it might be easier to go to the court and ask them what it is.