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HomeBusiness and Professions CodeDiv. 1Ch. 1.5§ 146 Infraction Election Procedures

§ 146 Infraction Election Procedures

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 146 Infraction Election Procedures

Key Takeaways

  • •Breaking certain work rules (like not having the right license) can be a small crime called an 'infraction' instead of a bigger one.
  • •You can choose to fight it as a bigger crime if you want, but if you don’t, it stays small.
  • •If you’ve lost your license before, this rule doesn’t apply—your crime will be treated more seriously.
  • •If it’s a small crime, you’ll pay a fine between $250 and $1,000, and you can’t get out of the fine unless you show you fixed the problem (like getting the right license).

Example

If you cut hair without a cosmetology license, you might get a ticket.

The police can give you a ticket for working without a license, and you’ll have to pay a fine. But if you’ve lost your license before, it’s worse than just a ticket.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 146 Infraction Election Procedures

(a) Notwithstanding any other provision of law, a violation of any code section listed in subdivision (c) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when either of the following applies: (1) A complaint or a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction unless the defendant, at the time they are arraigned, after being advised of their rights, elects to have the case proceed as a misdemeanor. (2) The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint. (b) Subdivision (a) does not apply to a violation of the code sections listed in subdivision (c) if the defendant has had their license, registration, or certificate previously revoked or suspended. (c) The following sections require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by this code: (1) Section 2474. (2) Sections 2052 and 2054. (3) Section 2570.3. (4) Section 2630. (5) Section 2903. (6) Section 3575. (7) Section 3660. (8) Sections 3760 and 3761. (9) Section 4080. (10) Section 4825. (11) Section 4935. (12) Section 4980. (13) Section 4989.50. (14) Section 4996. (15) Section 4999.30. (16) Section 5536. (17) Section 6530 or 6532. (18) Section 6704. (19) Section 6980.10. (20) Section 7317. (21) Section 7502 or 7592. (22) Section 7520. (23) Section 7574.10. (24) Section 7574.12. (25) Section 7582. (26) Section 7617 or 7641. (27) Subdivision (a) of Section 7872. (28) Section 8016. (29) Section 8505. (30) Section 8725. (31) Section 9681. (32) Section 9840. (33) Subdivision (c) of Section 9891.24. (34) Section 19049. (d) Notwithstanding any other law, a violation of any of the sections listed in subdivision (c), which is an infraction, is punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). No portion of the minimum fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license, registration, or certificate for the profession or vocation that was the basis for their conviction. (Amended by Stats. 2024, Ch. 484, Sec. 2. (SB 1454) Effective January 1, 2025.)

Last verified: January 22, 2026

Key Terms

infractionmisdemeanorlicenseregistrationcertificatefinesubdivision (c)

Related Statutes

  • § 16240 Unlicensed Professional Practice Ban
  • § 7118.5 Asbestos Contractor Penalties
  • § 7502.1 Repossessor Licensing Violations
  • § 7574.32 Infraction Classification Procedures
  • § 7582.05 Private Patrol Operator Violations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 146.
View Official Source