How long does felony stay on record in CA?
Asked by: Mr. Geovanny Wiegand | Last update: July 3, 2025Score: 4.5/5 (69 votes)
A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. This is called the “expungement process” and generally requires the help of a legal representative to get underway. Rather than the federal courts, state courts handle the expungement process.
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.
How long does a felony show up on a background check in California?
Although the FCRA does not impose a time limit on criminal convictions, employers using CRAs for background checks must follow stricter California state laws. California's Investigative Consumer Reporting Agency Act (ICRAA) generally restricts CRAs from reporting conviction records over seven years old.
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.
How do you remove a felony from your record in California?
- Step 1: Get an experienced attorney.
- Step 2: Get and complete the necessary forms.
- Step 3: File for expungement.
- Step 4: Prepare for your hearing by meeting with your attorney.
- Step 5: Your court hearing.
- Step 6: What happens next. If the Court grants your petition:
How long does a DUI conviction last in your record in California?
What felonies cannot be expunged in California?
- Child pornography crimes.
- Certain sexual assault crimes.
- Committing lewd acts with a minor.
- Failure to submit to a police inspection of vehicle.
How much does a felony expungement cost in California?
Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,500. Sealing of Arrest Records under 851.91 PC $1,495. Reduction to Misdemeanor under 17b or Prop 47 $750.
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 a felony be dropped in California?
You may be eligible to get a felony dismissed – not merely reduced to a misdemeanor – by completing California's mental health diversion (Penal Code 1001.36 PC), Mental health pretrial diversion is a treatment program that lasts up to two years.
Does California have a clean slate law?
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.
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 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.
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.
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.
How does a felony affect your life in California?
A felony conviction can have significant and long-lasting consequences that can profoundly impact an individual's life, including the potential loss of fundamental rights, employment and housing challenges, and restrictions on various aspects of their personal and professional life.
Can a felon own a gun in California after 10 years?
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.
What is the most common felony in California?
- Penal Code 647.6 PC – Child molestation,
- Penal Code 288 PC – Lewd acts with a minor;
- Penal Code 261 PC – Rape;
- Penal Code 211 PC – Robbery;
- Penal Code 215 PC – Carjacking;
- Penal Code 245(a)(2) PC – Assault with a firearm.
What are the odds of getting a felony dropped?
Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too. Of course, there's no way to know for sure. That's why you need to depend on a strong and experienced San Marcos, TX criminal defense attorney.
How do I remove a felony from my record in California?
If you are looking to expunge a felony, the felony must first be reduced to a misdemeanor. “Wobbler” charges (charges that could have been charged as misdemeanors) can be reduced by petitioning the court and this request is usually granted.
What is the 7 year rule for criminal background checks 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.
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.
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.
How long does a felony stay on your record in CA?
Felonies stay on your criminal record for the rest of your life. However, if you seek expungement, it is possible to clear your record of the offense.
What is the clean slate program in California?
The Clean Slate Program is a reentry program that provides free legal services to persons convicted of criminal offenses in Fresno County who are eligible for record clearance. Clearing your criminal history may make finding employment, obtaining housing, and getting educational financial aid easier.
What type of felonies can be expunged in California?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.