Does Public Urination Go on Your Record?
It depends upon how the case is charged and resolved.
California Penal Code section public intoxication is ordinarily charged as a misdemeanor. If you plead guilty or are convicted of the misdemeanor, the conviction will appear on your criminal record.
However, some cases are reduced to an infraction, dismissed, or resolved through another non-misdemeanor disposition. An infraction is still a court matter, but it is not a misdemeanor criminal conviction. The final effect on your record therefore depends upon the exact charge and outcome of the case.
Usually only if you are convicted of a misdemeanor.
If your citation is charged as an infraction, it generally does not become part of your criminal record.
If it is charged as a misdemeanor and you are convicted or plead guilty, then yes—it becomes part of your criminal record and may appear on certain background checks.
The first thing I tell every client is to look at the citation.
If the officer circled “M”, you’re dealing with a misdemeanor.
If the officer circled “I”, you’re usually dealing with an infraction.
| Infraction | Misdemeanor |
| Criminal Record ❌ | Criminal Record ✅ |
| Jail ❌ | Possible |
| Background Check Usually No | Yes |
| Fine Only | Fine + Probation Possible |
| Attorney Usually Not Needed | Often Worth Considering |
Attorney Insight
One thing I’ve noticed over the years is that people often panic because they think a public urination ticket has ruined their future. The reality is that the first question I ask isn’t, “What happened?” It’s, “Did the officer write it as a misdemeanor or an infraction?”
That one answer usually tells me how serious the case really is and often determines the direction we take from there.
I’ve also seen many people plead guilty simply because the officer told them it was “just a ticket.” Technically, that’s true—it is a ticket. But what many people don’t realize is that the ticket may be charging them with a misdemeanor. They pay the fine, think the case is over, and go on with their lives.
The problem doesn’t usually show up until months or even years later.
I’ve had clients make it through multiple rounds of job interviews only to have the background check come back showing a misdemeanor conviction. Suddenly, they’re asked to explain something they never thought would matter, or they’re told the company decided to “move in a different direction” or “found a more qualified candidate.”
That’s why I tell clients not to assume a public urination citation is “just a ticket.” Before you plead guilty, find out whether you’re dealing with an infraction or a misdemeanor. That one decision can make a significant difference in your future.
The One Question I Wish Everyone Asked First
People spend hours telling me exactly what happened that night. Ironically, the first thing I want to see isn’t the story—it’s the ticket. Before we talk about defenses, witnesses, or what happened outside the bar, I want to know whether the officer circled the M or the I. That single letter often tells me more about the road ahead than anything else.
Cases I’ve Handled
Here are a few examples from my own practice. Every case is different, but these examples show the types of resolutions that may be available depending on the facts.
After handling these cases for years, I’ve noticed the same pattern. Most involve first-time offenders, downtown entertainment districts, limited restroom access, and someone making a split-second decision after waiting in line. These aren’t usually career criminals—they’re people who made one poor decision after a night out.
Many of these cases happen in downtown entertainment districts where restaurants stay open late and alcohol is flowing. Ironically, many of these places were designed as restaurants—not bars. Instead of having multiple restroom stalls or urinals, they may only have a single restroom. As the night goes on, lines get longer, people become impatient, and someone eventually walks outside to relieve themselves. Unfortunately, that’s often when the police are waiting.
Below are a few examples from my own practice.
Fullerton Public Urination
One client was cited by the Fullerton Police Department after relieving himself in a parking lot near Downtown Fullerton. He had recently graduated from Cal State Fullerton, had never been in trouble before, and was shocked to learn he had been charged with a misdemeanor instead of receiving a simple ticket.
Because he had a clean record and a bright future ahead of him, we pushed hard to avoid a criminal conviction. In the end, we were able to get the case dismissed and protect his record.
Repeat Offender
Not every client comes into my office with a clean record.
One client had multiple prior DUIs, prior alcohol-related contacts with law enforcement, and a history that made the prosecutor reluctant to offer another break. The prosecutor believed this wasn’t simply a one-time lapse in judgment.
Despite that, we continued negotiating and advocating for him. Eventually, we were able to reduce the case and avoid another misdemeanor conviction. Every case is different, and even when someone has a difficult history, that doesn’t necessarily mean the outcome is predetermined.
Frequently Asked Questions
Will Public Urination Show Up on a Background Check?
Usually, it depends on how the case is resolved.
If the case is filed as a misdemeanor and results in a conviction, it may appear on criminal background checks. If the case is dismissed, reduced, or later sealed, the impact can be very different. One of the biggest goals in defending these cases is to protect your record before a conviction ever occurs.
Can a Public Urination Charge Be Dismissed?
Yes. In many cases, a public urination charge can be dismissed if the right steps are taken. Every case is different, but factors such as your criminal history, the facts of the case, and the local court’s practices can all affect the outcome. One of my primary goals is to keep a misdemeanor conviction off my client’s record whenever possible.
Can a Public Urination Conviction Be Expunged?
Yes. If you are convicted, you may later qualify for an expungement.
That said, my preference is to avoid the conviction altogether. An expungement is helpful, but it’s generally better to negotiate a dismissal or another resolution that prevents the conviction from happening in the first place.
Is Public Urination a Crime of Moral Turpitude?
Generally, no.
In my experience, I have not seen public urination treated as a crime involving moral turpitude. However, every situation is different, and if you have immigration concerns, it’s always best to speak with an immigration attorney before resolving your case.
Can Public Urination Affect My Immigration Status?
It depends.
Immigration law is complicated, and I don’t give immigration advice. If you are not a U.S. citizen, you should consult with an immigration attorney before pleading guilty to any criminal offense.
The good news is that many public urination cases can be resolved without a conviction, which often puts people in a much better position.
Can Nurses or Other Licensed Professionals Have Licensing Issues?
Possibly.
Different licensing boards have different reporting requirements. Nurses, teachers, attorneys, contractors, and other licensed professionals may all have different rules.
Whenever possible, avoiding a conviction or obtaining a dismissal is generally preferable to dealing with a conviction later.
Will Uber or Other Employers See a Public Urination Charge?
It depends on the type of background check being performed.
If your case is dismissed or later sealed, the impact may be significantly reduced. Different employers and background check companies use different reporting systems, so there is no one-size-fits-all answer.
Will This Affect My Security Clearance?
Possibly.
Some government agencies conduct much more extensive background investigations than a typical employer. Whether a public urination case affects a security clearance depends on the agency, the nature of the investigation, and how the case was resolved.
If you currently hold or are applying for a security clearance, you should discuss the issue with your attorney before resolving your case.
Can I Get Diversion?
Possibly.
Diversion depends on several factors, including your criminal history, the facts of the case, and the policies of the prosecutor handling your case. While not every case qualifies, diversion or another alternative resolution may be available depending on the circumstances.
Will This Show Up on a Live Scan?
Yes.
An arrest or criminal case may appear on a Live Scan background check. However, what appears on the Live Scan depends on how the case was ultimately resolved.
If your case is dismissed, sealed, or otherwise resolved favorably, the Live Scan will generally reflect that outcome rather than simply showing an arrest.
How to Keep a Public Urination Charge Off Your Record
If your goal is to protect your record, the biggest mistake you can make is pleading guilty immediately. Once you plead guilty to a misdemeanor, you’ve accepted the conviction, and from that point forward you’re looking at ways to clean it up rather than ways to avoid it.
The first thing you should do is determine whether the citation was written as a misdemeanor or an infraction. The easiest way to find out is by looking at your ticket. In many cases, the officer will mark either an “M” for misdemeanor or an “I” for infraction. That one letter often determines how serious your case is and what options may be available.
If you’ve been charged with a misdemeanor, don’t assume that a conviction is inevitable. Depending on your background, the facts of your case, and the local court, there may be opportunities to negotiate a dismissal, a reduction, diversion, or another alternative resolution. Every case is different, but exploring those options before entering a guilty plea can make a significant difference.
The reason this matters is simple. A misdemeanor conviction can create problems long after you’ve paid the fine. It may affect future employment opportunities, professional licensing, graduate school applications, or other background checks. Protecting your record before a conviction occurs is almost always better than trying to fix the problem afterward through an expungement.
One thing I tell clients is this: don’t treat a misdemeanor citation like it’s just another traffic ticket. Before you plead guilty, understand exactly what you’re being charged with and what options you have. That decision can affect far more than just the fine.
In this case the M for Misdemeanor is circled as opposed to the I for Infraction.
Contact a legal professional today to understand your rights and best course of action.”
Having a Clean Criminal Record Puts more at Stake.
However, if you have a clean record then you may want to think twice about going in and taking a misdemeanor for your record. The privilege of having a clean record is that you can answer “No” in response to the question if you have ever been convicted of a crime in response to a misdemeanor crime.
What Should I Do If I Just Received a Public Urination Ticket?
If you were just cited, don’t panic.
Here are the first four things I recommend:
- Look at your citation and determine whether it was written as a misdemeanor or an infraction.
- Keep every piece of paperwork the officer gave you.
- Do not plead guilty until you understand the consequences of the charge.
- If you’re concerned about your record, employment, professional license, or school, speak with an attorney before your first court date.
Many people assume it’s “just a ticket.” Sometimes it is. Sometimes it isn’t. Spending a few minutes understanding what you’re actually charged with can save you significant problems later.
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