Based on 51 verified state law files
Can you go to jail for expired tags?
Not on a first offense in 35 of the 50 states and DC: there, the statute allows no jail for expired registration on an ordinary car. In 16, the statute authorizes jail on paper; the table shows which, and how the state grades it.
By Mario Bailey
The word misdemeanor is what scares people, and it does not always mean jail. Ohio grades expired registration a minor misdemeanor, a class that allows no jail at all, with the fine capped at $150. Where a statute does allow jail on paper, the grade matters: Tennessee’s Class C misdemeanor puts up to 30 days on its face but caps the fine at $50, while Georgia’s general misdemeanor ceiling allows up to 12 months.
Criminal exposure grows with time, repetition and vehicle type. Florida keeps a first offense a noncriminal infraction, but a second or subsequent offense more than six months expired becomes a second-degree misdemeanor under Fla. Stat. §320.07(3). Michigan treats an ordinary passenger car as a civil infraction, while an expired plate on a commercial vehicle registered by elected gross weight is a misdemeanor with up to 90 days on the statute’s face.
What usually decides what you pay is the fine and the dismissal path. Arizona must dismiss once you complete late registration, and Texas lets the judge dismiss if you renew within its window. Every state in the table below links to its full file with the statute and the exact steps.
State by state
For a first offense in an ordinary passenger vehicle, across the 50 states and DC: 27 grade it below a misdemeanor and 23 grade it a misdemeanor, and in 1 the grade depends on the section charged or the circumstances. The statute authorizes any jail at all in 16.
| State | Misdemeanor? | Jail, first offense | First offense |
|---|---|---|---|
| Alabama | Yes, misdemeanor; fine-only penalty | No on its face; the penalty is a fine | A $20 or $25 fine in most courts checked ($100 in one city if you never renew), plus court costs: $194 to $283 total in the three county courts checked |
| Alaska | Yes on paper; charged as minor offense | No; capped at the $90 bail | $90 bail plus a $20 surcharge ($110) on the statewide schedule, payable without going to court |
| Arizona | No, civil violation | No | $300 civil penalty, dismissed if you register |
| Arkansas | Yes, misdemeanor | Up to 6 months on paper | Set by the court: up to $500 (up to $3,000 if cited for an unpaid registration fee), plus $50 to $100 on a failure-to-register conviction, $75 or $100 in court costs, and a DFA late penalty |
| California | No, infraction | No | $281 total bail, or $25 if cited correctable and you fix it |
| Colorado | No, class B traffic infraction | No | $35 to $75 plus surcharges, set by how long it has been expired |
| Connecticut | No, infraction (not a crime) | No, fine only | $117 total if you pay it ($50 fine plus $67 in statutory fees and surcharges), no court appearance |
| Delaware | No, a violation (below misdemeanor) | Up to 90 days on paper | $50 to $200 fine plus costs; paid without court, the $50 minimum plus costs and assessments comes to about $141 by our estimate |
| District of Columbia | No, civil infraction | No | $100 civil fine for expired tags, parked or stopped; $200 for each month or part of a month lapsed, up to $2,400, if charged as an unregistered vehicle |
| Florida | No, noncriminal infraction | No | $30 fine plus court costs (≤6 months expired) |
| Georgia | Yes, misdemeanor | Up to 12 months on paper | Misdemeanor, fine set by county court |
| Hawaii | No, civil traffic infraction | No | A civil traffic infraction: the amount on your notice comes from the district court schedule, with the fine capped by statute at $500 (HRS §249-11) or $1,000 (HRS §286-61) |
| Idaho | No, civil infraction | No | $67 to $101 with court costs, fixed statewide but set by the section on your ticket; $101 under 49-456(1), the figure ITD quotes |
| Illinois | No, petty offense | No | $164 if you plead guilty by mail, more if you go to court |
| Indiana | No, Class C infraction (civil) | No, civil judgment only | Class C infraction, up to $500 |
| Iowa | Yes, simple misdemeanor | No, scheduled fine only | $70 scheduled fine, $135.50 with surcharge and court costs, and no ticket in the month after expiration |
| Kansas | Yes, unclassified misdemeanor | Up to 6 months on paper | A misdemeanor with no statewide fine: the court sets it, up to $2,500, and adds court costs |
| Kentucky | No, a violation (not a crime) | No, fine only | A fine of up to $250 set by the judge, plus $130 in statewide court costs if convicted; not on the courts' prepayable list |
| Louisiana | Yes, misdemeanor | Up to 30 days on paper | A fine of up to $100 set by each court ($175 if cited under Title 32), plus court costs: $119 to $195 to pay in the four local schedules checked |
| Maine | No, traffic infraction (not a crime) | No | A warning only in the first 30 days, then $85 to pay ($145 once 150 days expired), and dismissed if you renew by your answer date |
| Maryland | Yes, fine-only misdemeanor | No, fine only | $70 to prepay the §13-411 expired-plate or no-current-tags charge, $290 if the citation charges an unregistered vehicle |
| Massachusetts | No, civil motor vehicle infraction | No | $100 civil assessment plus a $5 surcharge, no criminal record |
| Michigan | No, civil infraction | No, for passenger vehicles | Civil infraction, court-set fine |
| Minnesota | Depends: §168.09 yes, §169.79 no | Up to 90 days on paper if misdemeanor | $105 to pay under §169.79 or §168.09, subd. 4 ($30 fine plus $75 surcharge), $175 or $375 under other sections, plus any county law library fee |
| Mississippi | Yes, misdemeanor | Up to 30 days on paper | A $10 to $100 fine set by the court, plus costs that may include a $121.75 state assessment; Pearl River County Justice Court lists $203.75 in all |
| Missouri | Yes, Class B misdemeanor on paper | Up to 6 months on paper | $50.50 fine plus court costs if you pay without trial |
| Montana | Yes, fine-only misdemeanor | No, fine only | $85 recommended bond ($50 plus $35 in surcharges); a court can fine up to $500 |
| Nebraska | Yes, Class III misdemeanor | Up to 3 months on paper | $25 fine plus $49 or $95 in court costs ($74 or $120) if you plead by waiver |
| Nevada | Yes, misdemeanor | Up to 6 months on paper | A misdemeanor fine set by each court, up to $1,000 by statute; Las Vegas city court lists $208 bail, less with proof of renewal |
| New Hampshire | No, a violation (not a crime) | No | $124 if the ticket cites RSA 261:40 (the $100 fine plus a 24% penalty assessment); $50 plus the assessment if it cites RSA 261:75 or 261:77 instead |
| New Jersey | No, Title 39 violation | No, fine of up to $100 | $55 payable, plus up to $33 court costs |
| New Mexico | Yes, penalty assessment misdemeanor | No, as a penalty assessment | $25 (§66-3-18) or $50 (§66-3-1) as a set-fine penalty assessment, plus MVD’s late penalty when you renew; a §66-3-19 charge is not on the set-fine list and goes to court |
| New York | No, traffic infraction (not a crime) | Up to 15 days on paper | $75 to $300 fine ($40 minimum if it lapsed within 60 days), plus $88 in surcharges and fees ($93 in town and village courts) |
| North Carolina | Yes, Class 3 misdemeanor | Fine only unless 4+ prior convictions | Class 3 misdemeanor, fine of up to $200 |
| North Dakota | No, noncriminal traffic offense | No, noncriminal fee only | $20 noncriminal fee, up to $40 on a city ordinance ticket |
| Ohio | Yes, minor misdemeanor | No jail possible | Minor misdemeanor, up to $150 |
| Oklahoma | Yes, misdemeanor | Up to 1 day on paper | $294 in fine and costs in state court, and no ticket at all in the month after your registration expires |
| Oregon | No, Class D traffic violation | No | $115 on the ticket statewide ($120 where a county adds the $5 courthouse surcharge); the court may dismiss it if you renew before your court date |
| Pennsylvania | No, summary offense | No, fine only | $25 if lapsed under 60 days; else $75+ |
| Rhode Island | No, civil violation | No, fine only | $100 fine set statewide, plus a few dollars in court fees if you pay by mail or online, more if you go to court and admit it or lose |
| South Carolina | Yes, misdemeanor | Up to 30 days on paper | Up to a $100 fine, $232.50 with the state assessment and surcharge |
| South Dakota | Yes, Class 2 misdemeanor | Up to 30 days on paper | $132.50 if you pay the ticket ($54 fine plus $78.50 in court costs); a judge can impose up to $500, 30 days in jail, or both |
| Tennessee | Yes, Class C misdemeanor | Up to 30 days on paper | Up to $50 fine (Class C misdemeanor) |
| Texas | Yes, fine-only misdemeanor | No, fine only | Up to $200, dismissible if you renew |
| Utah | No, infraction | No | $50 suggested statewide, and no fine at all if you were cited within 2 months of expiring and register within 14 days of the ticket |
| Vermont | No, civil traffic violation | No | $70 or $162 to pay without a hearing, depending on which section the officer cites; at most $5 on the carry-registration charge if you are cited within 14 days of expiring |
| Virginia | No, traffic infraction | No | Prepayable, $76 total statewide |
| Washington | No, traffic infraction | No | $150 total if expired 2 months or less, $242 if longer |
| West Virginia | Yes, a misdemeanor | No jail on a first offense | A misdemeanor fine of up to $500 set by the magistrate, plus court costs; Berkeley County lists $206.48 in all for a guilty plea by mail |
| Wisconsin | No, civil forfeiture | No, forfeiture only | $30 forfeiture, $175.30 total deposit in circuit court ($205.80 from November 1, 2026) |
| Wyoming | Yes, fine-only misdemeanor | No, fine only | $100 or $150 bail on the statewide schedule, set by the section on your ticket ($70 of either is costs and fees), if the officer lets you forfeit; a judge can fine up to $750 |
Coverage: all 50 states and DC. Each row links to the full state file with the statute, the dismissal path, and the sources.
Grace period by stateDismissal once you renewLate renewal fees by state
Frequently asked questions
Is driving with expired tags a misdemeanor?
In 27 of the 50 states and DC, no: it is graded below a misdemeanor. It is a misdemeanor in Alabama, Alaska, Arkansas, Georgia, Iowa, Kansas, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, West Virginia and Wyoming. In Minnesota, it depends on the section charged or the circumstances. A misdemeanor label does not always mean jail is possible; the table shows both.
Can you get arrested for expired registration?
It depends on how your state grades the offense. Where it is an infraction, a civil violation, or a misdemeanor punishable by fine only, the statute allows no jail. The table above shows the grade and the jail exposure for every verified state.
What happens if you get pulled over with expired plates?
Expect a ticket whose amount depends on your state and sometimes your county. In some states renewing promptly gets it dismissed, and Arizona requires dismissal once you complete late registration. Check your state’s row for the fine, and the dismissal page for every state’s rule.
Sources
- Ohio Rev. Code §4503.11, official text
- Ohio Rev. Code §2929.28, minor-misdemeanor fine cap (official)
- Tenn. Code Ann. §55-5-114 (FindLaw)
- Georgia HB 551 (2025), Act 272, rewriting O.C.G.A. §40-2-8 effective January 1, 2026
- O.C.G.A. §17-10-3, general misdemeanor punishment (FindLaw mirror)
- Fla. Stat. §320.07, official text (Florida Legislature)
- MCL 257.255, official text (Michigan Legislature)
- A.R.S. §28-2532, official text (Arizona Legislature)
- Tex. Transp. Code §502.407 (Justia, 2025)
General legal information, not legal advice. Every state-specific claim above traces to the sources cited on that state's page.