In California, a misdemeanor stays on your record for the rest of your life. You have to get the conviction expunged or have the record sealed to get it off your criminal record. Until then, the conviction will appear in background checks. This can cause many problems, such as extra trouble getting a job. Many misdemeanors can be expunged, though.
Misdemeanor convictions
Misdemeanors are relatively minor criminal offenses. They carry a maximum of 1 year in jail. They are less severe than felonies, which carry more than a year in state prison, but more severe than infractions, which are not criminal cases.[1]
Some examples of misdemeanors in California include:
- shoplifting (Penal Code 459.5 PC),
- vandalism (Penal Code 594 PC),
- petty theft (Penal Code 484(a) PC),
- drug possession (Health and Safety Code 11350 HS),
- domestic battery (Penal Code 243(e)(1) PC), and
- driving under the influence (DUI) without causing an injury (Vehicle Code 23152).
Some of these are gross misdemeanors in California, which carry a whole year in jail for a conviction. Others are standard misdemeanors, which only carry up to 6 months in county jail.
You get a misdemeanor conviction on your criminal record if you are charged with the offense and you:
- are found guilty at trial,
- plead guilty, or
- plead “no contest.”
In some cases there may be a diversion program available. If you are eligible for the program and you successfully complete it, the judge will dismiss the misdemeanor charges.
In California, a misdemeanor conviction also carries:
- up to $1,000 in fines,
- probation,
- a court order with other legal obligations, like performing community service and paying victim restitution, and
- the collateral consequences of having a criminal record.
Negative consequences of a criminal record
There are numerous negative consequences of having a criminal history. Also known as collateral consequences, these are forms of discrimination that you can face from others who learn of your prior conviction.
The collateral consequences of a conviction will depend on the nature of the misdemeanor offense. For example, you are likely to become unemployable as a truck driver if you have a DUI on your record, but not if the offense was for shoplifting.
10 common collateral consequences of a misdemeanor offense are:
- losing your job,
- social stigmatization,
- being deported, if you are not a U.S. citizen and the offense involved moral turpitude,
- higher car insurance premiums, if the misdemeanor was a traffic offense,
- losing your gun rights for a misdemeanor involving domestic violence,
- becoming disqualified from adopting or fostering a child,
- being rejected from college or becoming ineligible for a scholarship or federal assistance,
- losing housing opportunities from landlords who refuse to rent to someone with a criminal record,
- losing eligibility for a professional license or certification, and
- facing extra difficulties in getting a new job.
In some cases, the collateral consequences of a conviction end up being more difficult to bear than the criminal justice system’s consequences, like the fine and jail time.
California’s expungement process
Under California law, many misdemeanor crimes can be expunged. This effectively erases the conviction from your criminal record.
You are eligible for an expungement if you are:
- done with any term of probation related to the misdemeanor, and
- are not currently charged, serving probation, or serving a sentence for any other criminal offense.[2]
If you are eligible, you would file a petition for expungement in court. The court will schedule an expungement hearing. If the judge grants your petition then your conviction will be sealed. It will no longer be visible to the public. You can then deny that you ever had the conviction on your record in most circumstances.
This can protect you from many of the collateral consequences of the conviction. The conviction would no longer show up on criminal background checks. This can be a huge benefit when you submit a job application to a potential employer.
What expungement does not do
Expungements in California will not:
- restore your gun rights,[3]
- end your obligation to register as a sex offender after a sex crime,[4] or
- overturn a driver’s license suspension or revocation.[5]
Additionally, expunged convictions can still be used as prior convictions in subsequent cases. For example, you can get your first-offense of DUI expunged, but it would still be used to make a subsequent DUI case worse for you. This is because the misdemeanor expungement only hides the record from the public, not from law enforcement agencies.
Crimes that cannot be expunged
Certain crimes in California cannot be expunged from your record. These are:
- failing to stop for a vehicle inspection (Vehicle Code 42002.1 VC),
- certain offenses related to child pornography,
- sodomy with a child (Penal Code 286(c) PC),
- oral copulation with a child (Penal Code 287(c) PC), and
- lewd acts with a child (Penal Code 288 PC).[6]
Many of these offenses are charged as felonies, not misdemeanors. Felony convictions are generally more difficult to get expunged.
Sealing arrest records
Expungement seals the record of your criminal conviction. If you did not get convicted, you may be able to have your arrest record sealed. To do this, you would go through the process of sealing and destroying your arrest record.
You can be eligible to seal and destroy your arrest record if:
- you were arrested but the prosecutor never filed criminal charges,
- the case was dismissed,
- you were acquitted,
- the conviction was overturned and dismissed on appeal, or
- you completed a diversion program.[7]
Legal Citations:
[1] California Penal Code sections 18.5 and 19 PC.
[2] California Penal Code 1203.4 PC.
[3] Same.
[4] California Penal Code 290.007 PC.
[5] California Vehicle Code 13555 VC.
[6] California Penal Code 1203.4(b) PC.
[7] California Penal Code 851.8 PC.
