How Can I Remove My Vandalism Conviction off My Record – PC 594 & 640.5; 640.6
Under Penal Code section 594, vandalism is the defacement of another’s property. The most common types of vandalism are graffiti and the destruction of property, such as mailboxes. No matter the circumstances of your crime—whether you were lashing out at someone who wronged you, blowing off steam, or just participating in wayward acts of youth—you want the vandalism conviction off of your record.
The attorneys at Wallin & Klarich can do two things to save your record. If you face a vandalism charge, we may be able to help you get your case dismissed. If we cannot get an acquittal, we always try to get you the lowest punishment. We often try to reduce charges to infractions, which are not punished as severely as misdemeanors and felonies. If you come to us with a vandalism conviction, we can seek an expungement to remove your conviction from your criminal record.
Vandalism in California
First, let’s make sure we understand vandalism. Penal Code section 594(a) explains that anyone who maliciously commits one of three acts on another’s property is guilty of vandalism:
1. Deface property with graffiti or some other material
2. Damage the property of another; OR
3. Destroy the property of another
Whether vandalism is a misdemeanor or felony mostly depends on the value of the vandalized property.
Punishment for Vandalism
Under Penal Code 594(b) (1), where the cost to repair the defacement is more than $400, the vandalism conviction is a “wobbler.” This means it can be charged as a felony or a misdemeanor.
A Felony conviction can be punished by up to three years in county jail. A misdemeanor conviction can be punished by up to one year in county jail. Under section 594(b)(1), the court may also impose a $10,000 fine. If the value of the property that is damaged exceeds $50,000, then you will be punished by both the fine and the jail sentence, regardless of whether you are charged with a misdemeanor or felony.
Where the cost of repair is less than $400, vandalism is a misdemeanor. A misdemeanor conviction can carry up to a one year sentence in county jail, a fine up to $1,000, or both.
Graffiti Abatement Programs
While section 594 covers graffiti, California offers first-time offenders who do minimal damage a chance to reduce their charges through the abatement program. Under Penal Code 640.6, where you deface the property of another with graffiti, but the cost to repair the damage is less than $250, you face an infraction, which is not punished as severe as misdemeanor or felony convictions.
For an infraction, you face a fine of up to $1,000 and up to 200 hours of community service over a period not to exceed 180 days. The community service must be scheduled during a time other than school or work.
A second offense is a misdemeanor punishable by a six month county jail sentence or a $2,000 fine, or both. You also face up to 400 hours of community service over a 350-day period. Again, the community service must be scheduled during a time other than school or work.
Expungement for Felonies, Misdemeanors and Infractions
Under California Penal Code section 1203.4, if you successfully complete probation for a misdemeanor or a felony, you may have the conviction from your record removed, provided that:
• You are not currently serving a jail or prison sentence, on probation, or facing further criminal charges; AND
• You fulfilled all of the conditions of your probation and are discharged by the court
Under 1203.4a, if you were convicted of a misdemeanor where there was no probation, or you were convicted of an infraction, your chances of clearing the conviction from your record are even better. If you meet the requirements for 1203.4a, the court must allow you to either withdraw your plea (if you agreed to a plea bargain) or set aside the verdict from a trial. In either case, the court must dismiss the pleading—thereby removing it from your record.
The requirements of 1203.4(a) are that:
• It has been more than one year since your judgment
• You paid all of the fines and fees for your misdemeanor or infraction
• You are not currently facing any criminal charges, serving a jail or prison sentence, or on probation; AND
• You fulfilled all of the conditions of your sentence
California Vandalism Defense Lawyer
Any criminal charge can feel like the end of the world. Thankfully, for crimes like vandalism, you get a chance to remove that conviction from your record. For the past 40 years, the attorneys at Wallin & Klarich have helped clients remove criminal convictions from their record and move on with their lives. Crimes like vandalism do not need to follow you through every job or school application that you complete. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Victorville, Ventura, West Covina, Torrance, and Sherman Oaks. Give our office a call today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.