Do I have to disclose a felony after 7 years in California?

Asked by: Dr. Felipe Toy DDS  |  Last update: February 22, 2025
Score: 4.5/5 (41 votes)

California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.

Do felonies show up after 7 years in California?

Senate Bill 731 automatically clears most felony convictions from your criminal record after 4 years. Under California Senate Bill 731, most state felony convictions will get automatically sealed from your criminal record four years after the case ends.

How far back do criminal background checks go in California?

After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.

How long until a felony is off your record in California?

In California, a felony conviction stays on your record forever, if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Do I Have To Disclose A Felony After 7 Years? - CountyOffice.org

29 related questions found

What is the 7 year rule in California?

California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.

What states follow the 7 year rule background checks?

The following states limit criminal background checks to a period of seven years:
  • California.
  • Kansas.
  • Maryland.
  • Massachusetts.
  • Montana.
  • New Hampshire.
  • New Mexico.
  • New York.

Is there a statute of limitations on felonies in California?

California Laws on the Criminal Statute of Limitations

Statute of limitations is the time limit for a prosecutor to file charges against someone. three years for a felony crime.

What felonies cannot be expunged in California?

Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including:
  • Child pornography crimes.
  • Certain sexual assault crimes.
  • Committing lewd acts with a minor.
  • Failure to submit to a police inspection of vehicle.

Will my expunged record show up on a background check in California?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

What is the new law for background checks in California?

Enacted in 2018, California's Fair Chance Act generally prohibits employers, with five or more employees, from asking a job candidate about their conviction history before making a conditional job offer.

What is a red flag on a background check?

A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.

Will a 10 year old felony show on a background check?

Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

What is the 7 year rule?

The 7 year rule

No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.

Do I have to disclose an expunged felony in California?

If Employers ask if you have ever been convicted of a crime, you can respond with "NO". On questions from Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you should disclose the expunged case but can tell them it has been dismissed and set aside.

Does a felony show up on a background check after 7 years in Texas?

While arrests that did not lead to convictions are generally not reported after seven years, convictions can appear indefinitely. Employers can consider convictions relevant to the job's responsibilities.

Do felonies go away after 7 years in California?

Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.

Does a felony go away after 7 years?

No, felony convictions in California do not automatically go away or “disappear” after seven years. The conviction remains on an individual's criminal record permanently, unless it is formally dismissed or reduced to a misdemeanor through a legal process.

What is the new California expungement law in 2024?

Starting in July 2024, non-serious, non-violent, and non-sexual felony convictions will be automatically sealed from public view for those who have completed their sentences and remained crime-free for four years. This eliminates the need for legal representation and streamlines the process for many Californians.

What states have no statute of limitations on felonies?

In a few states, such as Kentucky, West Virginia, and North Carolina, there is no statute of limitations on felony charges. A few others, including South Carolina and Wyoming, have no statutes of limitations for any criminal charges.

What is the 3 felony law in California?

California's Three Strikes Law

The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence.

What is the longest statute of limitations in California?

Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years.

Do California background checks go past 7 years?

How Far Back do Employment Background Checks go in California? In California, criminal convictions can only be reported for seven years.

Does your criminal record clear after 7 years in the USA?

Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.

Will a felony in one state show up in another?

All felony convictions will show up on a criminal background check. However, if the background check is run in a state that is different from the one in which the felony was committed, it may not show up.