Crimes of Moral Turpitude in California

A “crime involving moral turpitude” (CIMT) is a legal term used to describe certain offenses that involve behavior considered contrary to community standards of honesty, justice, or good morals. Although the term is not explicitly defined in California statutes, courts consistently interpret CIMTs as crimes involving:

• Intentional dishonesty, fraud, or deceit

• Acts that are inherently immoral, vile, or depraved

According to legal precedent, a crime of moral turpitude is often described as conduct that “shocks the public conscience” due to its dishonesty or depravity.

Why Crimes of Moral Turpitude Matter

Immigration Consequences

Non-citizens convicted of a CIMT may face serious immigration consequences, including:

• Inadmissibility to the United States

• Removal (deportation)

• Ineligibility for naturalization or legal permanent residence

Certain CIMT convictions trigger automatic removal if the crime is punishable by a year or more in prison and was committed within five years of admission to the United States. In many cases, even a single CIMT conviction can result in deportation unless a waiver is granted. Crimes must generally include intentional conduct to qualify as CIMTs under federal immigration law.

Trial Evidence and Witness Credibility

In both criminal and civil trials, a person’s prior conviction for a crime involving moral turpitude may be used to impeach their credibility as a witness. This means prosecutors or defense attorneys can bring up the conviction to suggest the person is dishonest or unreliable.

Since the passage of California Proposition 8 in 1982, prosecutors may introduce felony or misdemeanor CIMT convictions for impeachment purposes, so long as the court determines that the evidence is more probative than prejudicial under California Evidence Code section 352.

Professional Licensing Consequences

Many California licensing boards, including those for doctors, nurses, lawyers, real estate agents, and contractors, consider CIMT convictions grounds for license denial, suspension, or revocation. The California Business and Professions Code frequently requires licensees to be of “good moral character,” and CIMTs are interpreted as failing this requirement.

A conviction for a CIMT may result in:

• Suspension or revocation of a professional license

• Ineligibility to apply for or renew a license

• Mandatory disclosure on future applications

Juvenile Record Sealing

In California, a person may petition to seal their juvenile record under Welfare and Institutions Code section 781. However, if they are later convicted of a CIMT, their eligibility for record sealing may be revoked or denied. This can impact future educational, licensing, and employment opportunities.

Common Crimes of Moral Turpitude in California

Although there is no statutory list of CIMTs in California, courts and immigration authorities have categorized many offenses as CIMTs. These crimes typically involve fraudulent intent or extreme moral depravity.

Offenses Involving Fraud or Dishonesty:

• Embezzlement

• Forgery

• Identity theft

• Fraud (insurance fraud, welfare fraud, tax fraud)

• Perjury

• Receiving stolen property

• Counterfeiting

Offenses Involving Violence or Depravity:

• Murder

• Voluntary manslaughter

• Assault with a deadly weapon

• Rape

• Sexual abuse of a minor

• Kidnapping

• Robbery

• Arson

• Domestic violence (such as corporal injury to a spouse or cohabitant)

• Criminal threats

• Lewd acts with a child

Other Crimes Sometimes Considered CIMTs:

• Drug possession with intent to sell

• Felon in possession of a firearm

• Extortion

• Prostitution (depending on circumstances)

• Burglary (especially if intent to steal or harm is proven)

Crimes Not Typically Considered Moral Turpitude

Certain offenses, particularly those involving negligence or no intent to deceive or harm, are generally not considered CIMTs. These may include:

• Simple assault or battery (without aggravating circumstances)

• First-time driving under the influence (DUI)

• Involuntary manslaughter

• Trespassing

• Possession of drugs for personal use

• Disorderly conduct

• Reckless driving

Whether an offense qualifies as a CIMT depends on the specific facts, the statutory elements of the crime, and how courts have interpreted similar offenses. A key consideration is whether the offense involves an element of fraud, intent to harm, or depravity.

Defending Against a Moral Turpitude Classification

If you are charged with or convicted of an offense that may be classified as a CIMT, several defense strategies are available:

• Challenge intent: Argue that the offense does not require fraudulent or intentional conduct. Crimes based on negligence or strict liability often fall outside CIMT classifications.

• Plea negotiation: Negotiate a plea to a lesser offense that does not involve moral turpitude.

• Compare case law: Rely on judicial decisions that have excluded similar charges from being considered CIMTs.

• Highlight mitigating factors: Emphasize rehabilitation, lack of criminal history, or compelling personal circumstances in immigration and licensing contexts.

Summary Table: Impact of a Crime of Moral Turpitude

Crimes of moral turpitude are a unique legal category with far-reaching consequences. They are not just criminal charges; they carry moral judgments that can impact immigration status, professional licenses, court testimony, and more. If you are facing allegations that could be classified as a CIMT, it is essential to consult with an experienced criminal defense attorney.

Understanding how courts define and apply the concept of moral turpitude is critical to protecting your future, especially if you are not a U.S. citizen or if your career depends on maintaining a professional license.