Felony, Infractions, And Misdemeanors in California

Under California’s justice system, there are three broad categories of crimes. The different types of offenses are based on severity, and include:

• Infractions
• Misdemeanors
• Felonies.

These offenses have different penalties defined under the California Penal Code. California criminal offenses are tried based on their types. In addition, while criminal records describe offenses, California statutes of limitations determine how long the state has to pursue charges against offenders.

What Is A Felony In California?

Felonies refer to the most severe crimes under the California criminal justice system. According to § 17 of the California Penal Code, felonies are crimes punishable by imprisonment or death. Offenses that do not fall into the felony category are either misdemeanors or infractions.

While most states group felonies into degrees or classes and assign different levels of punishment, California has a different approach. In California, a felony conviction may result in low, mid, or high prison terms depending on the defendant’s criminal record, seriousness, and aggravating or mitigating circumstances. For instance, defendants have a higher chance of a low-to-mid jail term if the judge finds that they played minor roles during the crime, were provoked, suffered from a mental condition, or were cautious to ensure no one was harmed.
On the other hand, crimes that involve a child or crimes that result in serious bodily harm are more likely to result in mid to high prison terms. In addition to imprisonment, felony convictions may also include fines and probation after incarceration.

What Are Some Examples Of Felonies In California?

Felonies in California are crimes with far-reaching consequences. These types of offenses result in the most severe penalties under the California Penal Code. In California, felony crimes include:

• Murder
• Rape
• Vehicular manslaughter
• Lewd act with a minor
• Kidnapping
• Grand theft
• Assault with a firearm
• Assault with a deadly weapon
• Gross Vehicular manslaughter.

California’s penal code also includes a wide range of offenses that qualify as wobbler felonies. Wobblers are offenses that can be prosecuted as either felonies or misdemeanors. Examples of these offenses include:

• Fraud crimes
• Sexual battery
• Forgery
• Assault with a stun gun or Taser
• Violating a domestic violence protective order
• Assault with a deadly weapon that isn’t a firearm
• Discharging a firearm at an unoccupied vehicle.

Can I Get A Felony Removed From A Court Record In California?

Yes, California allows the expungement of felony records.
§ 1203.4 of the California Penal Code grants individuals the right to petition the courts to expunge their records if they complete probation for eligible misdemeanors or felonies. A judge may withdraw a defendant's guilty or no contest plea, enter a not-guilty plea, and have the case dismissed.

Is Expungement The Same As Sealing Court Records In California?

In California, expungements and sealing of criminal records are not the same. While sealing and expungement of court records in California achieve similar goals, the procedures are different. Sealing of a court record in California will restrict public access to the document. However, they remain accessible to law enforcement, the courts, and other authorized entities. By comparison, expungement of court records will destroy the documents, and their owners can legally claim that they were never convicted.

A California felony record may qualify for sealing or expunction if:

• The case results in dismissal or acquittal
• The court overturns the conviction following an appeal
• The arrest results in a nolle prosequi
• The statute of limitations expires.

What are Misdemeanors in California?

Misdemeanors in California are offenses punishable by up to 364 days in prison and/or a fine whose amount depends on whether the offense is a standard or gross (aggravated) misdemeanor (§ 19 of the California Penal Code). California considers misdemeanors as less severe offenses than felonies but more serious than infractions.
While some states organize misdemeanors into multiple classes, California groups misdemeanors into two general categories:

• Standard Misdemeanors
• Gross or Aggravated Misdemeanors.

Standard Misdemeanors are offenses punishable by not more than 6 months in prison and a fine of up to $1000.00.
Gross Misdemeanors (also known as aggravated misdemeanors) are more serious offenses that result in up to 364 days in prison and fines of up to $1000.
California also has wobbler offenses; these are crimes that qualify as misdemeanors or infractions (for lighter standard misdemeanors), or as misdemeanors or felonies (for more serious aggravated misdemeanors).

What are Examples of Misdemeanors in California?

Misdemeanors are offenses that are less severe than felonies but more serious than infractions. These may be straight misdemeanors or wobblers. Examples of misdemeanors in California include:

Straight Misdemeanors

• Shoplifting (value less than $950)
• Domestic violence
• Reckless driving
• Public drunkenness
• Driving on a suspended license
• Driving while under the influence
• Possession of drugs for recreational use (cocaine, marijuana, and meth)

Wobbler Offenses

• Child Abuse
• Assault with a deadly weapon
• Embezzlement
• DUI resulting in an injury.

Unlike most states, which provide penalties for a category of offenses, California’s penal code defines the punishment for most misdemeanors. In cases where the state statutes do not provide penalties, the courts may impose a six-month imprisonment, and/or fines of up to $1000.00.

Can I Get a Misdemeanor Removed from a Record in California?

Yes, California law permits the removal of misdemeanor records through expungement. However, expungement in California does not completely erase an offense record from all databases. Instead, it sets aside the conviction, changes the offender’s plea to “not guilty”, and dismisses the conviction to give the individual a cleaner record.
In California, expunged misdemeanor records remain accessible to law enforcement and some authorized government agencies. Expungement/removal of misdemeanors in California does not apply to sex offenses against minors, crimes that require lifetime sex offender registration, and offenses that gravely violate the sentiment or accepted standard of the community.
To petition for removal of a misdemeanor in California, the offender must:

• Complete probation or observe a 1-year waiting period after conviction
• Pay all fines, court fees, and make restitutions (if applicable)
• Not have any new criminal charges or convictions.

Can a DUI Record Be Expunged in California?

Yes, California permits the expungement of DUI convictions for misdemeanor cases if the offender fulfills the eligibility criteria. In California, a DUI offense may be expungeable first or second offense if the offender:

• Completes probation
• Pays all fines and makes restitutions (if applicable)
• Complete all court-ordered programs
• Have no new criminal charges.

A DUI expungement in California will withdraw the offender’s guilty or “no contest” plea, enter a “not guilty” plea, and dismiss the conviction. However, the record still exists, but shows that the charges were dismissed under Section 1203.4 of the California Penal Code.

What is an Infraction in California?

Infractions (also known as petty offenses) are minor violations of state and local laws. These are the lowest level of offense under California law.
The State of California does not consider infractions as criminal offenses. Hence, they do not result in prison terms or criminal records. Infractions in California are punishable by fines, community service, or points on driving licenses.
Nonetheless, infractions may qualify as wobblers if the individual has a criminal history or is a repeat offender.

What Are Some Examples Of Infractions In California?

In California, infractions are minor offenses that do not result in prison terms or criminal records. Infraction offenses in California include:

• Speeding 
• Violating seatbelt laws
• Littering
• Walking a dog without a leash
• Noise violation
• Making an illegal U-turn
• Operating a vehicle over the allowed weight limit
• Fishing without a license
• Boat violations
• Underage alcohol consumption.

Can Infractions be Expunged from a California Criminal Court Record?

California does not consider infractions as criminal offenses. In California, infractions are non-criminal offenses and do not result in criminal records. Hence, there is no need for their expungement. However, if an infraction is a wobbler and results in a misdemeanor conviction, the offender may need to petition the courts for its expunction.

What is Deferred Adjudication in California?

California refers to deferred adjudication as Deferred Entry of Judgment (DEJ) or Pretrial Diversion. The state also includes Mental Health Diversion and Veterans Diversion within this framework. California's DEJ programs enable eligible offenders to avoid prison terms.
Under § 1000 of the California Penal Code, courts impose conditions that may allow defendants to avoid incarceration.
During a pretrial diversion, the court postpones entering a conviction or judgment on a criminal charge. This allows the defendant to complete certain conditions, which results in the dismissal of the charges. Offenders participating in DEJ are required to complete education, counseling, or rehabilitation programs.

Types of Crimes Eligible for Deferred Adjudication in California

In California, not all crimes are eligible for Deferred Entry of Judgment (DEJ) or Pretrial Diversion (deferred adjudication). California's DEJ applies to nonviolent, first-time, and low-level crimes. The types of crimes eligible for Deferred Entry of Judgment in California include:

• Drug possession and paraphernalia offenses
• Being under the influence of drugs
• Petty theft (shoplifting, under $950.00)
• Trespassing
• Vandalism (minor)
• Disturbing the peace
• Public intoxication
• Driving without a license
• Any misdemeanor or nonviolent felony tied to mental illness
• DUI, assault, or similar if related to service trauma
• Speeding or minor moving violation.