Do I have to disclose expunged records in California?
Asked by: Julius Hessel | Last update: May 13, 2025Score: 4.6/5 (57 votes)
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.
Will an expungement show on background check in California?
While an expunged conviction will still show up on background checks, it will also show that it has been dismissed, which can improve your chances of employment or housing.
Do I have to disclose an expunged felony in California?
Thus, although there are narrow situations wherein your expunged conviction must be disclosed, the vast majority of the time you will not have to disclose it, nor will it display on most background checks done by private employers.
Will my expunged record show up on a live scan in California?
A: For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons.
What is the new law for expungement in California?
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.
Do expunged charges show up on a background check?
How long does it take for an expungement to come off your record in California?
How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.
Can I own a gun after expungement in California?
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.
Can the FBI see my expunged record?
Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.
What is the 7 year rule for criminal background checks in California?
The FCRA includes a seven-year rule that prohibits background check companies from reporting certain types of adverse information that is older than seven years when the position the applicant has applied for pays a salary of less than $75,000 per year, which will be explained below.
What shows up on a doj live scan?
A livescan background check will typically check for criminal history at the state and national levels. This includes any past convictions or arrests, as well as any outstanding warrants. It may also check for any sex offender registry information.
Why is expungement bad?
Expungement Doesn't Erase Everything
Law enforcement agencies and prosecutors may be able to see prior convictions if someone with an expunged record is arrested and prosecuted for another criminal offense.
Can TSA see expunged records?
Thus, because the TSA likely already knows about your expunged criminal record, it is always best to be honest and forthright throughout the Global Entry application process and to admit to the expunged offense.
Can you become a police officer with an expunged felony in California?
Under Government Code section 1029, a person who has been convicted of a felony cannot become a police officer in California. However, if you have been convicted of a felony, it may be possible to reduce that felony to a misdemeanor, and then have the misdemeanor expunged. Contact our office for more information.
Can the government see expunged records?
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Is expungement worth it California?
There are many benefits to expunged convictions. First and foremost, it will give you peace of mind. As expressed in the California Penal Code 1203.4, expungement absolves a person of all discrimination and penalties that can result from a conviction.
Does your criminal record clear after 7 years in California?
As a result, if you have a misdemeanor conviction, it is important to understand what will show up on a background check. In California, criminal convictions will show up on an individual's background check for seven years.
What is the new California expungement law 2024?
2024 Update: California has recently adopted legislation that limits some offenses (specifically violent and serious felonies under §1192 and §667) from expungement eligibility. More on this below. For Felony Expungements, click here.
How far back does a felony background check go in California?
In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.
Do felonies go away after 7 years?
Dismissed felony charges can usually be sealed or expunged right away. 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.
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.
Do expunged records show up on secret clearance?
If for some reason you needed FBI or CIA security clearance, your expunged record would show up on fingerprinting.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. 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.
Can my wife own a gun if I'm a felon in California?
So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.
What is the 10 year ban in California?
For any person convicted on or after January 1, 2024, of a misdemeanor violation of specified provisions in Penal Code sections 25400, 25850, 26350, and 26400, prohibits the possession of a firearm for ten years after the conviction.
How far back does a gun background check go in California?
The state began saving data about firearm purchases in 2014 for long guns and 1990 for handguns, so if your last purchase was before then, you are not in the state's database. To get into the database, you can register a firearm using this form, which costs $19.