California Standard Misdemeanors

Under California Penal Code § 16, crimes in California are classified as felonies, misdemeanors, and infractions. Misdemeanors are moderate offenses, less severe than felonies but more serious than infractions. They are legally considered crimes punishable by up to one year in jail and/or fines of up to $1,000. Unlike other states that categorize misdemeanors into classes (such as Class 1 & 2 or Class A, B, and C), California categorizes misdemeanors into standard misdemeanors and gross or aggravated misdemeanors.

Standard misdemeanors are the less serious type of misdemeanor offenses, less severe than aggravated or gross misdemeanors but more serious than infractions. Compared to other states, standard misdemeanors in California are equivalent to Class 2 or B misdemeanors.

In California, criminal classifications help the public understand the severity and potential legal consequences of criminal offenses (based on their class) and the court process. The public can access California criminal court records to search and review documents and files related to standard misdemeanor cases.

Common Examples of Standard Misdemeanors in California

Common examples of standard (Class B) misdemeanor offenses in California include, but are not limited to:

• Petty theft (Penal Code 484(a))
• Shoplifting or theft of property valued at $950 or less (Penal Code 459.5)
• DUI (first-offense)
• Simple assault (Penal Code 240)
• Public intoxication (Penal Code 647(f))
• Prostitution (Penal Code 647(b))
• Public indecency (first offense)
• Simple battery (Penal Code 242)
• Violating a restraining order (Penal Code 273.6)
• Disorderly conduct (Penal Code 273.6)
• Vandalism of property under $400 (Penal Code 594)
• Receiving stolen property valued at $950 or less (Penal Code 496)
• Criminal trespass (Penal Code 602)
• Driving on a suspended license
• Indecent exposure

Statute of Limitations for Standard Misdemeanors in California

In California, the statute of limitations for misdemeanors is the period within which prosecutors must file criminal charges for such offenses. According to California Penal Code 802(a), the limitation period for a standard misdemeanor is one. The clock starts counting from the date the offense occurs. In some instances, such as fraud, however, the clock does not begin until the crime is discovered or reasonably should have been discovered (Penal Code 803).

California Penal Code 804 states that prosecution begins when a complaint or indictment is filed, or an arrest warrant is issued. The statute of limitations can be paused or tolled for a maximum of three (3) years if the defendant is outside California during or after the offense (Penal Code 803).

Certain standard misdemeanor offenses are exempt from the general one-year statute of limitations, including violations committed against a minor under 14 (a three-year limitation period) and domestic violence under Penal Code 273.5, committed on or after January 1, 2025 (a seven-year statute of limitations, according to Penal Code 803.7).

The table below summarizes California's statutes of limitations for standard misdemeanors.

Legal Penalties for Standard Misdemeanors in California

Per Cal. Penal Code § 19, standard misdemeanors in California are punishable by up to 6 months in county jail, a fine of up to $1,000, or both. However, this may not always be the punishment an offender will receive. In some instances (such as first-time offense cases), the judge may exercise discretion and, instead of a jail and/or fine sentence, order restitution and community service. In certain other cases, the defendant may receive probation instead of a jail and/or fine sentence.

The factors that generally influence the exact punishment an offender will receive include, but are not limited to, the court’s discretion, the nature of the criminal offense, the defendant’s criminal history or past conviction record, and the victim’s age.

Note that although standard misdemeanors are for less serious offenses, the consequences of the offense extend beyond the legal penalties imposed by a court. A misdemeanor conviction will result in a criminal record that can affect employment, housing, education, and other areas of life.

Court Process for Standard Misdemeanors in California

The court process for a standard misdemeanor case in California may vary depending on the court. Nonetheless, the step-by-step court process is generally as follows:

• Investigation: Law enforcement gathers evidence to establish probable cause to believe a crime has been committed.
• Arrest/Citation: Law enforcement apprehends an individual suspected of committing a misdemeanor offense or seen committing a crime. The arrested person is either booked into custody or issued a citation that includes the date and location of their court appearance.
• Arraignment: At arraignment, which is typically the defendant’s first court appearance, they are informed of the charges and the legal options and required to enter a plea of guilty, not guilty, or no contest. Bail or release conditions may also be set at arraignment.
• Pretrial: This is the stage after the defendant enters a “not guilty” plea. At this stage, the defense and prosecution prepare for trial by exchanging evidence (discovery), filing motions to challenge or suppress evidence, and bringing up procedural issues. Plea bargaining may also occur at this stage to resolve the case without a trial.
• Trial: The trial can be conducted before a judge or jury. It includes opening statements, the presentation of evidence and argument from both prosecution and defense, closing arguments, and a verdict from a judge or jury.
• Sentencing: If the defendant is found guilty at trial, pleads guilty, or agrees to a plea deal, they are sentenced according to legally prescribed penalties or the terms of the plea agreement.
• Appeal: The defendant may file an appeal within 30 days of the sentencing if they decide to.

How Standard Misdemeanors Affect Your Criminal Record in California

Every arrest, conviction, and disposition in California is reported to the California Department of Justice (DOJ) under Cal. Penal Code § 13151. As a result, a standard misdemeanor conviction, including related arrest and charge information, is documented on a person’s criminal record, remains there indefinitely, and shows up in background checks and official reviews.

While the impact of a conviction on a person's criminal record may vary by jurisdiction, depending on state laws and record-keeping practices, it often limits employment, housing, and educational opportunities for the convicted person.

Nevertheless, relief options such as expungement and sealing are available in California for individuals to conceal their arrest, charge, and conviction records from the public or to completely erase them from their criminal records.

Differences Between Standard Misdemeanors and Other Offenses in California

In California, standard misdemeanors are low-level, less severe criminal misdemeanor offenses, such as simple assault, public intoxication, and criminal trespass, punishable by up to 6 months in jail and/or fines of up to $1,000, whereas:

• Gross or aggravated misdemeanors are more severe criminal misdemeanor offenses, such as a second DUI or domestic battery, punishable by up to one year in county jail and/or fines of up to $1,000.
• Infractions are minor offenses occurring when local or state laws are violated. They are the lowest level of criminal offense in California, punishable only by fines, community service, or points on a driver’s license.
• Felonies are the most severe crimes under California law, including offenses like murder, rape, kidnapping, and sexual battery. Felonies carry more severe punishment than all other crime types in California. A felony is punishable by death, by more than one year imprisonment, or by life imprisonment, and/or by fines up to $10,000.

How to Check for Standard Misdemeanors in California Court Records

Checks for misdemeanor court records can be conducted through the California Superior Court where the case was filed. Most superior courts maintain a case search portal that allows the public to search for and review case information and documents. A few examples include the San Mateo County Superior Court MIDX—Records Index, the Riverside County Superior Court Public Portal, the San Joaquin County Superior Court Public Access Portal, and the Orange County Superior Court Case Access Portal. Identify the relevant superior court and use its case search portal to look up misdemeanor cases handled by the court.

Alternatively, individuals can contact the relevant Superior Court Clerk to search and/or request copies of misdemeanor court records. According to the government code, it typically costs $0.50 per page to obtain record copies (GC 70627(a)), $15 to search records or files (GC 70627(c)), and $40 to certify a copy of a record.

Note: Court records access and procedures may vary by courthouse.

Can a Standard Misdemeanor Be Expunged or Sealed in California?

Yes. Individuals can have their misdemeanor records expunged under California Penal Code § 1203.4. However, expungement in California does not mean the complete erasure of a conviction from the record but rather the dismissal of it. If the defendant were found guilty, the court would dismiss their conviction and overturn their guilty verdict.

To be eligible for expungement, individuals must have completed their sentence or probation, have no pending criminal cases, have paid all ordered fines and restitution (if applicable), and must not be serving any probation or parole in another case. Individuals not granted probation must wait at least one year since the date of conviction to petition for expungement (California Penal Code § 1203.4a). Those still on probation may request early termination of probation under Penal Code 1203.3. Eligible individuals can use form CR-180 (Petition for Dismissal) to request expungement in California.

Note that these records may be automatically sealed or expunged under the California Clean Slate laws (SB 731 and AB 1076) after sentences, probation, waiting periods, and all other requirements are met. Contact the DOJ to confirm if the record has been automatically dismissed or if a petition will be required.

The benefits of expunging or sealing a record in California include, but are not limited to, improved employment, educational, and housing opportunities. The table below summarizes California’s expungement rules for first-time, repeat, and violent offenses.