All Laws Decoded

Welfare and Unemployment Fraud in California

How California law treats welfare and unemployment fraud: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Lying or hiding facts to get public aid (such as CalWORKs and CalFresh) is a misdemeanor up to 6 months and $500. Cal. Welf. & Inst. Code 10980, 14107; Unemp. Ins. Code 2101, 2122; Pen. Code 17, 18, 19, 1170(h)

Welfare and unemployment fraudLying or hiding facts to get public aid (such as CalWORKs and CalFresh) is a misdemeanor up to 6 months and $500. If the aid wrongly obtained totals more than $950, or the person files multiple applications or uses a fictitious person or false identity, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Pen. Code 1170(h) and up to $5,000, or up to 1 year in jail and $1,000). Medi-Cal fraud by applicants or providers is punishable by county jail or 2, 3 or 5 years in state prison and a fine up to three times the fraud. Willful false statements to get unemployment benefits are punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000.
Medi-Cal: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=14107 ; unemployment: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=UIC&sectionNum=2101 and https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=UIC&sectionNum=2122 . Penalty background (Pen. Offenses punishable either in county jail up to 1 year or as a felony are 'wobblers' that can be charged as a misdemeanor or felony (Pen. Code 17(b)).

More California criminal law

FAQ

What happens if you commit welfare or unemployment fraud in California?
Lying or hiding facts to get public aid (such as CalWORKs and CalFresh) is a misdemeanor up to 6 months and $500. If the aid wrongly obtained totals more than $950, or the person files multiple applications or uses a fictitious person or false identity, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Pen. Code 1170(h) and up to $5,000, or up to 1 year in jail and $1,000). Medi-Cal fraud by applicants or providers is punishable by county jail or 2, 3 or 5 years in state prison and a fine up to three times the fraud. Willful false statements to get unemployment benefits are punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000.
Can I get a court-appointed lawyer for welfare and unemployment fraud in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for welfare and unemployment fraud cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for welfare and unemployment fraud in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for welfare and unemployment fraud be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.