California Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than an infraction. In California, misdemeanors may carry penalties that include fines, probation, and short terms of incarceration served in county jail rather than state prison. Unlike infractions (which are not punishable by jail), misdemeanors are “crimes” that can trigger the right to counsel and create a criminal record.

What Is a Misdemeanor in California?

California law divides public offenses into felonies, misdemeanors, and infractions. Penal Code 17 defines misdemeanors as offenses that are neither felonies nor infractions. Many offenses are “wobblers” that may be charged as misdemeanors or later reduced to misdemeanors.

Infractions are not punishable by imprisonment and do not carry a right to a jury trial or to appointed counsel unless an individual is arrested and held. On the other hand, felonies expose an individual to years of incarceration in state prison, while misdemeanors do not result in such imprisonment.

Common California misdemeanors include petty theft, simple assault or battery, driving on a suspended license, and many first-offense DUI charges.

Misdemeanor Classes and Penalties in California

California does not classify misdemeanors into different classes, such as A, B, or C. Instead, it imposes penalties under general statutes and offense-specific laws. These include:

• Standard misdemeanors carry a penalty of up to six months in county jail and/or up to $1,000 in fines, unless a specific statute prescribes otherwise.
• According to the law, a judge may authorize individuals convicted of aggravated misdemeanors to serve up to 364 days in county jail.
• A first non-injury DUI attracts penalties that include probation, fines/assessments, DUI school program, potential short jail or work release, ignition interlock, and DMV suspension. Repeat DUIs or DUIs with injury may face stiffer terms and sometimes felony exposure.

In addition, courts may also impose probation, restitution, community service, counseling/classes, and protective orders when authorized.

Misdemeanor Court Process in California

California practices a Unified Court System. Every county has a single Superior Court that hears misdemeanors from start to finish. The process starts with:

• Arrest and Citation. A law enforcement officer arrests an individual and charges them with a crime.
• Arraignment. The defendant goes to court. Charges and their rights are read to them. The judge will ask the defendant if they are ready to plea.
• Pretrial (motions/negotiations/diversion). During this time, the prosecutor and the defendant's attorney share information (called discovery). They may try to reach an agreement or plan a trial. Either side can also ask the judge to decide the case (file a motion).
• Trial (jury or bench). At trial, a jury of 12 members is carefully selected from the public. Both sides present their cases with all supporting arguments, evidence, and witnesses (if available). The jury makes a deliberation and presents their final decision (a verdict) to the judge.
• Sentencing. If the jury reaches a unanimous decision, the judge decides the sentence. To determine the sentence, the judge must consider the facts in the case, the sentencing guidelines, and other sentencing laws. Any misdemeanor incarceration is served in the county jail.
• Appeals in misdemeanor cases go to the Appellate Division of the Superior Court. For misdemeanor cases, the defendant must file a Notice of Appeal Form (Misdemeanor) within 30 days of the date of the judgment or order. In addition to appealing after a trial, a defendant may file an appeal in other situations, such as challenging the validity of a plea or challenging probation violations.

Misdemeanor Records in Major California Cities

California has 58 county Superior Courts, and their procedures and access vary from one county to another. Here is an overview of the three high-volume courts that handle misdemeanor records and payments:

• Los Angeles — Misdemeanor records are available at the Superior Court of California for the County of Los Angeles. There is a “Find Case Information” platform where individuals may search for case information by using the case number.
• San Diego — The Superior Court of California for the County of San Diego handles misdemeanors for the county. The court provides an Online Case Search Portal - Court Index. They may search the portal by party name, case number, or the District Attorney's number.
• San Francisco — Record seekers may access misdemeanor case files from the Superior Court of California for the County of San Francisco. The court provides a Criminal Portal Search (using case number, defendant name, or attorney name ) that allows record seekers to view case information.

In all court records, users will see a case number, charges (code sections), events, dispositions, and financial details.

How to Search for Misdemeanor Records in California

California has no single statewide criminal portal. Individuals must seek court records at the Superior Court in the countywhere the incident occurred. Most court records are accessible to the public upon request, unless the law or a court order exempts the records.

Generally, record seekers may access court records in California through the following channels:

• County’s online tools. Individuals may contact the online tools or portal located on the county court's website. They may search the portal by name or case number to view the register of actions, upcoming hearings, and dispositions.
• Criminal Clerk’s Office. Members of the public may call or visit the Criminal Records or the clerk’s office for the county. Many courts provide how-to pages for copy requests or in-person viewing (Such as the San Francisco Superior Court for obtaining criminal records).
• DMV or prosecutor data. For DUI-related license actions, individuals may check the DMV.
• Third-Party Background Services. These private services provide criminal record checks, including misdemeanors, to the public. They may require a fee, and users should be careful with the information (unofficial sources).
• Public Access Terminals. Many county courthouses have public access terminals where individuals can search for court records in person.
• Local Police Department. Many counties in California offer online access to arrest records through their local law enforcement websites. These websites may include misdemeanor arrests, but conviction records are often only available through court systems.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction stays on an individual’s record. California now offers two broad record-relief pathways; neither is a true “erasure,” but both can substantially improve background-check outcomes:

• “Dismissal” (commonly called expungement). After completing probation or a jail-only sentence, many misdemeanor convictions may be dismissed by court order. This changes the plea to “not guilty” and dismisses the case in the interests of justice, but it does not seal the court file. The case remains public with a notation that it was dismissed.
• Automatic record relief (Clean Slate) — (convictions and arrests). As of 2023, the DOJ automatically grants conviction relief for many eligible cases after sentence completion (subject to statutory exclusions), and certain arrests qualify for automatic sealing. Individuals may ask the court to dismiss their conviction if they have no new cases pending and are not on probation or parole in any case.

In conclusion, without relief, a misdemeanor conviction may remain permanently on a court and DMV records. With relief, employers and landlords often see either a dismissed conviction or an automatically relieved entry, while law enforcement officers may still access the original record.