Civil Compromise in California: Qualifying Crimes and Process

A civil compromise in California is a procedure under Penal Code sections 1377 and 1378 that lets a qualifying misdemeanor be dismissed once the defendant fully compensates the victim and the victim tells the court they are satisfied. If the judge approves, the case ends without a conviction, and the dismissal bars the state from prosecuting the defendant again for the same offense.¹

No guilty plea is entered. No sentence is imposed. But the judge is not required to grant the motion just because the victim wants the case to go away, and several categories of misdemeanors are excluded by statute no matter how willing the victim is.

Which Misdemeanors Qualify

Two conditions have to be met. The charge must be a misdemeanor, and the victim must have a civil remedy for the same conduct, meaning they could sue the defendant for the harm.² Offenses that harm only the public, with no identifiable victim to pay back, don’t fit.

In practice, the cases that work are those with clear, measurable losses. Petty theft. Shoplifting. Vandalism. Minor battery where the injury translates to a dollar figure. If restitution can genuinely repair the harm, the framework fits.

A wobbler charged as a felony isn’t eligible until it’s reduced. That reduction happens under Penal Code 17(b) and requires its own motion and its own judicial approval, so the path exists but takes longer.

Hit-and-Run Does Not Qualify

Misdemeanor hit-and-run under Vehicle Code 20002 looks like it should fit — there’s usually property damage and someone to compensate. A California appellate court ruled in 2019 that it doesn’t. The criminal act is leaving the scene, not causing the collision, and leaving the scene doesn’t itself create civil damages, so the civil-remedy requirement in Section 1377 fails.

Crimes That Cannot Be Compromised

Penal Code 1377 lists seven categories that are off the table even when a private victim exists.²

Misdemeanors committed against a justice officer performing official duties, or by such an officer in their official capacity.
Offenses committed during a riot or in a riotous manner.
Misdemeanors committed with the intent to commit a felony.
Violations of a protective or restraining order under Penal Code 273.6 or 273.65.
Misdemeanors committed by or against a family or household member, including dating partners and cohabitants as defined in the Family Code.
Elder abuse under Penal Code 368 or Welfare and Institutions Code 15656.
Offenses against children under Penal Code 647.6 or 11165.6.

DUI also does not qualify, even when there’s identifiable property damage or injury. The conduct being prosecuted — driving while impaired — isn’t the kind of harm private restitution can resolve.

Compensating the Victim

Before filing anything, the defendant needs to pay the victim in full. Section 1378 requires the victim to acknowledge “satisfaction for the injury,” and partial payment won’t clear that bar.¹ Full means everything traceable to the incident: medical expenses, property repair or replacement, lost wages.

Document every dollar. Receipts, bank records, a signed acknowledgment from the victim. This is what the judge sees at the hearing, and without it there’s no way to verify that the victim was actually made whole.

Do not contact the victim directly. A defense attorney or investigator should handle the outreach and negotiation. Direct contact from the defendant can look like intimidation or witness tampering, and a judge who suspects the victim was pressured will deny the motion. Keep the communication professional and at arm’s length.

The Court Hearing

Under Section 1378, the victim must appear before the court and personally acknowledge that they’ve been compensated and are satisfied. The statute uses the word “appear,” so a written statement on its own may not be enough.¹

The defendant files a motion for civil compromise and attaches evidence of the restitution. At the hearing the judge weighs several things: the nature and seriousness of the offense, the defendant’s criminal history, whether the defendant has accepted responsibility, and the extent of the victim’s injury. A first-time offender who paid restitution promptly stands in a very different position from a repeat offender who waited until the eve of trial to write a check.

The court represents the public, not just the victim. A judge can decide that prosecution still serves the interests of justice even if the victim wants the case dropped, and the motion can be denied on that basis. The defendant also has to pay the court costs incurred in the case, on top of the restitution.¹

If the compromise is granted, the judge has to state the reasons in the order, and those reasons are entered into the court minutes. It’s not automatic, and the written justification creates a record showing the court affirmatively concluded the resolution was appropriate.

What a Granted Compromise Means

When the judge approves the motion, criminal proceedings are stayed and the defendant is discharged. The case is dismissed. Section 1378 also says the order “is a bar to another prosecution for the same offense,” so the state cannot refile the charges later. The protection is permanent.¹

There is no conviction. No guilty plea, no sentence. The arrest record still exists, but the disposition should reflect a dismissal, which reads very differently on a background check than a conviction does.

Effect on a Later Civil Lawsuit

Once the victim tells a judge, under oath, that they’ve been fully compensated, suing later for more money over the same incident becomes difficult. The acknowledgment creates a credibility problem for any follow-on claim. Defendants who want certainty should have the restitution agreement include a written release of civil claims, negotiated between attorneys.

If You Are Not a U.S. Citizen

Federal immigration law defines “conviction” more broadly than most people expect, and it can reach situations where no formal judgment was entered if the person admitted guilt and some punishment was imposed. Because a civil compromise involves no guilty plea and no punishment, it generally should not meet that federal definition. Immigration consequences are serious enough that any non-citizen facing charges should consult an immigration attorney before choosing any resolution, civil compromise included.

Timing: Before Trial

Section 1378 requires the compromise to happen before trial. Once trial has begun, the option is gone.¹ Locating the victim, negotiating an acceptable payment, gathering documentation, and filing the motion all take longer than defendants tend to expect. Start early.

A civil compromise is one of the strongest resolutions available in a California misdemeanor case: no conviction, no sentence, and no possibility of the same charges coming back. It requires an eligible charge, a cooperative victim, full payment, and a judge willing to conclude the resolution serves justice. Working with defense counsel from the beginning is what gives that combination a realistic chance of coming together.

1
California Legislative Information. California Penal Code 1378 – Compromising Certain Public Offenses by Leave of the Court
2
California Legislative Information. California Penal Code 1377