How to check if your record has been expunged in California?
Asked by: Alicia Emard | Last update: March 30, 2025Score: 4.8/5 (62 votes)
The easiest way to check if your criminal record has been expunged is to visit the court where your case was handled and ask to see the records. If the court tells you they don't have your records, it means they were expunged.
How do I know if my record is expunged in California?
Because there is no true expungement in California, the state also refers to it as dismissal or cleaning of records. Expunged conviction records typically show "dismissed" when requested.
How do I check my expungement status?
The best way to find out if this has happened is to go to the Court where your case was at and ask to see the documents. If they do not have them the case was expunged and some private company has the records and provided them when the background check was done.
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.
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.
Do expunged charges show up on a background check?
How much does it cost to expunge your record in California?
The Court charges a fee for filing each dismissal/expungement petition. The fee is currently $120 for each felony case and $60 for each misdemeanor case. There is no filing fee for dismissing/expunging infractions.
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.
What is the new law in California for expungement?
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.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
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.
When a case is dismissed, is it still on your record in California?
Dismissal does not seal your record, destroy or remove any entries from the court, law enforcement, Department of Justice or DMV. The case, including the conviction will remain public record.
Will an expunged record show up on a level 2 background check?
The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level 2 background checks, though unsealing the details of those records typically requires a court order.
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.
How do you check if my record is expunged?
The most direct method to verify if your record was expunged is to request a criminal background check.
What records 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.
What is the Fresh Start Act in California?
With the Fresh Start Act, California is enacting a policy that prioritizes our collective health and safety by enabling every Californian to contribute to our state and its economy, not perpetuating the leftover harm from failed criminal justice system policies of the past that voters have repeatedly rejected.
Can police see expunged records in California?
Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.
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 an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
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.
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.
Can employers see expunged records in California?
This means that for a vast majority of the jobs you will be applying for, your expunged conviction will NOT be visible to your potential employer and you have no duty to disclose any convictions that have been expunged, which necessarily drastically increases your marketability.
How far back do most background checks go?
Employment background checks can typically go back as far as seven to ten years, though that timeframe can vary depending on the type of check, the position being applied for, industry regulations and state or local laws.
Do expunged records show up on fingerprinting in California?
Yes – your fingerprints will still be on file at both the state and federal levels. That's because fingerprints are physical records, and expungements do not destroy them. At the state level, your fingerprints won't be connected to your expunged case, but they could still be used to identify you.
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.