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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I was recently cited for unlawful urination infraction. How

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I was recently cited for unlawful urination infraction. How will this impact my record--I have no criminal record preceding this incident. Is there anyway to get it permanently removed from my record?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :


374.3(a) P.C. - UNLAWFUL DUMPING OF WASTE (URINATING IN PUBLIC)
DEFINITION:
It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. Any person violating this section is guilty of an infraction.
PENALTY:
A person convicted of this violation shall be punished by a mandatory fine of not less than $100 nor more than $1,000 upon a first conviction. This violation occurs quite frequently in Isla Vista and the violators will always receive a citation. The standard fine for "Urinating in Public" is $270 for the first conviction.



An infraction is not considered a "criminal" charge and is a type of charge which does not carry any incarceration or jail time. There is also no probation for infractions and the only punishment is financial. This means, if you are charged with an infraction, the punishment you may receive can not include jail time.
The reason an infraction is not considered "criminal" is because it does not appear on your Department Of Justice criminal records. Infractions do appear on your driving record, court record, local police agency records but generally are not reflected on your DOJ records because they are not considered as serious as a misdemeanor or a felony.
Common infractions are seatbelt violations, simple speeding tickets, littering citations, running a red light, and failure to stop properly at a stop sign. Many times traffic school is offered for certain infractions considered a moving violation- infractions that carry a point on your driving record. Certain charges like disturbing the peace or trespassing can be charged either as an infraction or a misdemeanor depending on the circumstances.
Because of the non-criminal nature of infraction charges, the accused does not have the right to a jury trial but does have the right to face the allegations against him/her by way of a bench trial (no jury, the judge will decide the facts).

ScottyMacEsq :

So in short, this is not a criminal issue, really, and does not go on your criminal background check.

Customer:

So I do not need to try and get my record expunged for this?

Customer:

Based on what I have read, it appears I need to wait a year before I can attempt to get it expunged

ScottyMacEsq :

You can get it expunged under 1203.4a, but yes, you will need to wait.

ScottyMacEsq :

And you should get it expunged, just to get it off all the public records.

Customer:

Okay, so in a year I can try and get it expunged.

ScottyMacEsq :

Again, it's not going to show on a criminal record, and you won't need to disclose it as a misdemeanor or felony on applications.

ScottyMacEsq :

Exactly.

Customer:

okay

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

One more question...once expunged will it still be visible on my record?

ScottyMacEsq :

Since it won't be on your criminal record, it will only be on court records, etc... but once expunged, that means it will be gone from the public records. Note, however, that some companies that have databases of these records can still possess them (as expungement does not make them delete or destroy what they have in their records) but the public entities will not have those records.

Customer:

okay, I understand. Thank you for the assistance.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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