What crimes cannot be expunged in California?

Asked by: Prof. Rachael King  |  Last update: September 20, 2025
Score: 4.9/5 (66 votes)

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.

What charges cannot be expunged in California?

Some of the most common charges that cannot be expunged include:
  • Murder.
  • Attempted murder.
  • Voluntary manslaughter.
  • Involuntary manslaughter.
  • Serious sex crimes.
  • Serious violent crimes.
  • Certain domestic violence crimes.
  • Serious crimes committed while on probation.

What is the new expungement law 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.

What is the second chance law in California?

This reform offers a fresh start for many Golden Staters who have served their time and are committed to rebuilding their lives. Senate Bill 731 went into effect in mid-2023 providing Californians with most kinds of felony convictions, including violent crimes, the opportunity to ask for their records to be cleared.

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.

How & Why to Get a Felony Expungement in California- Criminal Defense Attorney Explains

33 related questions found

Will a felony show up on a background check after 10 years 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.

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.

What is the 50% rule in California?

The “Fifty Percent Law” (50% Law), as defined in Education Code Section 84362 and California Code of Regulations Section 59200 et seq., requires each district to spend at least half of its current expense of education each fiscal year for salaries and benefits of classroom instructors.

What is the California 7 year rule?

Section 2855(a) limits the term of personal service employment to seven years, i.e. a personal service employment contract may not be enforced for a period exceeding seven years. This is the reason the statute is famously known as the “Seven Year Rule.”

What is the Sunshine law in California?

What is the Sunshine Ordinance? The Sunshine Ordinance is an ordinance to insure easier access to public records and to strengthen the open meeting laws. The Sunshine Ordinance also outlines a procedure for citizens to follow if they do not receive public records they have requested.

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

Expunged Criminal Records Can Appear in CA Background Checks | Cardoza Law Corporation.

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 much does expungement cost in California?

Misdemeanor Expungements $900* Misdemeanor DUI Expungement $1,075. Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,500.

What is the new California expungement law in 2024?

California's Senate Bill 731 (SB731) was signed into law back in 2022 but was not scheduled to go into effect until October 1, 2024. It was written to help residents get various records sealed or expunged and prevent an array of adverse actions.

Does a felony 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.

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.

How far back does a criminal background check go in California?

Once a job applicant receives a conditional offer of employment in California, the employer is permitted to conduct a criminal background check covering a period of up to seven years, subject to certain exceptions.

What is the 65 rule in California?

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

What is the 72 hour rule in California?

In California, you must receive your final paycheck immediately if you get terminated or resign with at least 72 hours' notice. If you quit without notice, then your employer has 72 hours to give you your final paycheck.

What is the 10 year rule in California?

The longer you were married, the longer support can last

The judge starts with some basic assumptions: For marriages less than ten years, support will last half the length of the marriage. For marriages more than 10 years, there's no assumption about what's reasonable.

What is California's 5150 law?

5150 is the number of the section of the Welfare and Institutions Code, which allows an adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled.

What is the 1% rule in California?

It states that the monthly rent of a rental property should be at least 1% of the property's purchase price. While this can be achievable in certain areas, high-cost markets like San Francisco may not align with this rule due to high property values and lower rent prices.

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.

Does FedEx hire felons?

Yes, FedEx has been known to hire felons in the past and currently. However, that does not mean all felons can get a job with the company. Like all employers, FedEx wants to protect itself from negligent hiring lawsuits. The company might be negligent if it hires a felon who goes on to re-offend on company time.

Do background checks go back 20 years?

Arrests & Non-Convictions

The FCRA permits arrests and court proceedings to appear on background checks for seven years, even if they did not lead to a conviction, but the following states prohibit reporting of non-convictions in background checks: California.