I am from the San Luis Obispo, CA area. I am a college student…

Hi,

As long as he wrote up the infraction it is not a sex offense. I only mentioned this because you weren't sure you believed the officer, and there is a much more serious option he could have chosen.

Every defendant is innocent until proved guilty beyond a reasonable doubt. That presumption is one of our most important rights. All defendants therefore plead not guilty when arraigned on the charge. A plea of not guilty is the only plea that keeps all of your rights and choices open to you. Any other type of plea closes doors and locks them behind you.

So plead not guilty and don't give that plea up until you get something that you like in exchange for it. That's the nature of a plea bargain. The DA will make you an offer and if you like it, you can THEN plead guilty to get the promised disposition. But if you plead guilty first, you are throwing yourself at the mercy of the court who no longer has the incentive to deal, since they have gotten what they wanted without it.

A California infraction is not a crime, and this one, as a first offense only has a civil penalty. So you can honestly say that you have never been convicted of a crime. Since it's not a crime and was never charged as a crime, it may not be on your criminal record. If it does show up there, however, it will be as a violation. However, you will not be able to expunge it. So if you can bargain this away you'd want to. If you can't have a lawyer, try to talk to the DA, and explain the circumstances. Add that you'll be attending law school and see what he has to say to you. Perhaps he would agree to letting the court seal it if he won't throw it out.

Whether you would have to disclose this to anyone would depend on what they asked on the applications. In most instances they are not interested in violations.