California Misdemeanor Laws and Records

According to the state laws of California, misdemeanors are considered to be less serious offenses which can result in a prison sentence of up to one year. The punishment may also include a fine of up to $1,000 in addition to other penalties and assessments. Even though they are considered to be minor offenses, you should not take a California misdemeanor lightly; if you are found guilty of a misdemeanor charge, it will appear on your criminal history record. A misdemeanor charge can be discovered during a background check, and in certain instances, a misdemeanor charge can be elevated to a felony charge.

Situations in Which Misdemeanors Can Be Elevated to Felonies

Misdemeanor charges can sometimes be elevated to felony charges. The factors that determine if a misdemeanor offense can be raised to a felony offense depends on the offender’s criminal history records, the nature of the crimes committed, the severity of the offense, and the injuries sustained by the victim. In addition to these criteria, if the offender has been found guilty of previous criminal offenses or has committed similar crimes in the past, there is a greater chance that the misdemeanor will be elevated to a felony.
 
Misdemeanor charges that may be elevated to felony charges include: drunken driving cases, such as driving under the influence of alcohol (DUI), driving while intoxicated (DWI) when the offender already has three charges against him or her within a span of ten years, cases involving domestic violence, shoplifting cases or petty thefts, cases involving indecent exposure, use of a loaded firearm in public, violating an order on domestic violence, and use of stolen property.

Sentencing and Punishment for a California Misdemeanor

In California, the punishments for misdemeanor charges usually include fines, probation, community service, and imprisonment. A misdemeanor offense can attract a penalty in the form of a fine of up to $2,000, depending on the severity of the offense. In less severe cases, the offender may receive a probation sentence with no jail term; other offenses may attract a jail term. The time in jail can be served during weekends in private jails or the offender may be placed under house arrest.

Other forms of punishment for misdemeanor charges in California include physical labor, such as with the CalTrans program, community service, counseling and anger management programs, compensation paid to the victim, or a stay-away order which forbids the offender from going to certain locations or contacting the individual or individuals mentioned in the court order. Factors that determine the sentence for a misdemeanor conviction in California include the offender's prior criminal record, the details of the case, any outstanding compensation that the offender may owe, the offender's probation status, and the attitude of the victim towards the offender.

Although the term "gross misdemeanor" is not used in California, the idea is recognized by the state courts. A case involving a gross misdemeanor usually attracts penalties or punishments that are similar to felony charges, including increased prison sentences and the possibility of serving a term at a state prison.

Expunction of Misdemeanor Charges from Criminal Records

California state laws offer a wide range of opportunities for citizens to expunge their criminal records, whether the individual was convicted of a misdemeanor or felony and whether or not he or she was a juvenile at the time. Expunction of misdemeanor records means that individuals can stop fearing background checks and can once again be eligible to obtain certain professional licenses.

According to California law under Code PC 1203.4, an individual who is not under probation for any other criminal offense and does not have any other pending criminal charges, and whose sentence did not require him or her to serve a term in state prison, can petition to have his or her misdemeanor conviction expunged after the probation term is completed. If the offender was not placed under probation, he or she can request to have the record expunged after one year has passed since the conviction.

An expunction will not remove a strike from California’s "three strikes" law. It can only reduce the severity of a future sentence if the individual is found guilty of another criminal offense.

The petition for the expunction of a misdemeanor record can be denied by the court of California due to inaccurate information in the court files, an error in the application for expunction, violation of probation orders on the part of the offender, outstanding fines, failure to pay compensation to the victim, or if the court believes that the expunction would not be in the interest of society at large.

For more information on California misdemeanors, visit http://www.courtinfo.ca.gov/courts/. Details are also available at http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm.
 
Examples of some offenses considered misdemeanors in California are:
* Trespassing
*  First degree, second degree or third degree DWI and DUI cases in which there is no injury
* Shoplifting
* Petty thefts
* Obscene behavior in the public domain
* Disorderly conduct
* Violation of probation orders
* Driving without a license
* Use or acceptance of a stolen property
* Drinking in public
* Gambling illegally
* Any violation of the restraining orders
* Encouraging prostitution
* Assault and battery cases
* Domestic violence
* Reckless driving