The actor, who has appeared in shows such as thirtysomething and The West Wing, is accused of groping a woman during a date earlier this month.
The woman involved filed a police report and the case is now being sent to the LA City Attorney for possible prosecution, TMZ claims.
Police officers are reportedly hoping to speak with Busfield before they send the case to prosecutors.
However, Busfield will not now face felony charges as the case will not be referred to the LA County DA.
The City Attorney is only able to file misdemeanor sexual assault charges, which could lead to six months in jail if Busfield is convicted.