What is the clean slate law in California?

Will a felony show up on a background check after 10 years in California?

If you have an old felony conviction on your record in California, you might wonder if it will still appear on background checks. The short answer is yes, a felony stays on your record unless you take action to remove it. In California, criminal convictions don't disappear on their own.

Is it better to seal or expunge your record?

It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate. 

How far back to criminal background checks can I go?

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. Kentucky (if the criminal record originates from a Kentucky court) New Mexico.

What is the 8 and 80 rule?

The "8/80 rule" refers to an overtime exception in the Fair Labor Standards Act (FLSA) for certain healthcare facilities, allowing them to pay overtime (1.5x regular rate) for hours over 8 in a workday or 80 in a 14-day period, rather than the standard 40-hour workweek rule, provided there's an agreement with employees. It's an alternative to the typical overtime calculation, offering scheduling flexibility for hospitals and residential care, but it requires strict adherence to the 14-day period and prohibits using both systems for one employee. 

What is the Second Chance Act in California?

The Federal Second Chance Act helps to fund re-entry projects across California. These help to support workforce development, housing programs, and community services that help people transition out of prison or jail and into society.

Do I need a lawyer for expungement in California?

How can I expunge my conviction? You will need to file a Petition for Dismissal in superior court. You can do this without a lawyer, but it may be easier if you have one. Although most convictions are eligible for expungement, there are certain requirements, and the outcome is not guaranteed.

What are the hardest crimes to prove?

Top 5 Hardest Criminal Charges to Beat

• First-degree Murder.
• Sexual Assault.
• Drug Trafficking.
• White-collar Fraud.
• Repeat DUI Offenses.
• DNA Evidence.
• Digital Forensics.
• Ballistics and Weapon Analysis.

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

Does the Clean Slate Act happen automatically?

California recently enacted some new Clean Slate laws (AB 1076 and SB 731). These laws help clear certain arrest and conviction records automatically.

What are the limitations of Clean Slate?

It's important to note there are limits to the Clean Slate law. You are generally limited to two automatic expungements from Class A misdemeanor drug possessions and three for Class B misdemeanors. Also, during the waiting period, you cannot be charged with any new criminal convictions during that time.

What crimes are not eligible for expungement in California?

In California, you generally cannot expunge convictions for serious violent felonies, sex offenses requiring PC 290 registration, murder, arson, kidnapping, and certain child-related offenses, as well as felonies committed while still on probation, though recent law changes (SB 731) allow for expungement after completing prison time for some felonies, except for these disqualifying offenses. Key disqualifiers include offenses with life sentences, certain PC 288 (child molestation) crimes, and specific Vehicle Code infractions like DUI (if it's a felony or serious).
 

What is OT for $20 an hour?

For someone earning $20 an hour, standard overtime (time-and-a-half) is $30 per hour ($20 x 1.5) for hours worked over 40 in a week, calculated as your base pay plus 50% extra for those overtime hours, with state laws sometimes requiring daily overtime or higher rates for weekends/holidays. 

What is make up time in California?

Makeup time is an alternative to overtime pay. Makeup time allows an employee to request time off for a personal obligation and make up the time by working more than eight hours on another day without receiving overtime pay. 1 You are not obligated to allow makeup time.

What is the 40 hour policy?

A "40-hour policy" generally refers to the standard workweek established by the U.S. Fair Labor Standards Act (FLSA), requiring overtime pay (1.5x regular rate) for non-exempt employees working over 40 hours in a week, typically 8 hours/day, 5 days/week, a norm formalized in 1940 to balance work, rest, and consumption. While still common, some employers now offer flexible schedules or shorter workweeks (like 4-day/32-hour weeks) to improve work-life balance, though the legal requirement for overtime after 40 hours remains key. 

What makes you not pass a criminal background check?

Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...

What are red flags on a background check?

Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.
 

What is the new law for background checks in California?

California's background check laws, centered on the Fair Chance Act (FCA), restrict employers from asking about criminal history before a conditional job offer, known as "ban the box," with recent regulations (effective Oct 2023) requiring deeper individualized assessments and considering rehabilitation evidence before rescinding offers based on convictions, and a proposed law (SB 1345) aims to further limit waivers and define "business necessity" for checks. 

Can the FBI see my expunged record?

A Level 2 FBI Background Check

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.

How do I clear my criminal record in California?

If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270) . Some courts also have local forms you can use. There is no statewide form.

How do I look up someone's criminal record in California?

To look up someone's criminal record in California, search county Superior Court websites (like Alameda, Orange, Santa Clara, San Diego) for online case information via their portals (like Odyssey or Public Case Access), check the California Department of Justice (DOJ) for personal records or via their Public Records Coordinator, or visit the courthouse where the case was filed for in-person access, as some records (like victim info, probation reports) are confidential or sealed.