Worried about your record?
For many people, the court case isn’t the scariest part. It’s what comes after: the job application, the apartment, the license, the background check. A conviction can show up in all of those places for years.
Jobs and background checks
California’s Fair Chance Act helps. Most employers with five or more employees can’t ask about convictions until after they make a job offer. If a background check then turns something up, the employer has to look at the record, how long ago it was, and the job before taking the offer back. They have to tell you in writing and give you at least five business days to respond. Some jobs, like certain health care and law enforcement jobs, have different rules.
Most employers can’t consider an arrest that didn’t lead to a conviction, a completed diversion program that ended in a dismissal, or a conviction that was sealed or dismissed. That’s a big reason I push so hard for dismissals.
Housing, licenses, immigration, and guns
- Housing. Many landlords run background checks, and a conviction can make it harder to rent.
- Professional licenses. Many state licensing boards can deny a license for a conviction related to the job, usually within the last seven years, with exceptions for serious crimes. Those boards can’t deny a license for an arrest that didn’t lead to a conviction, or for a conviction that was later dismissed.
- Immigration. A conviction can affect your right to stay in the U.S., get a green card, or become a citizen. Clearing your record later usually doesn’t fix this, because immigration authorities don’t treat a state “expungement” as erasing a conviction. Not a U.S. citizen? Tell me at the start, so I can plan around it.
- Guns. A felony conviction means you can’t own or have a gun. Many misdemeanors, like assault, battery, and criminal threats, mean no guns in California for at least 10 years. A domestic violence conviction can also bring a federal gun ban.
- Future cases. A prior conviction can make a new case more serious, even after it has been dismissed.
Why never being convicted is best
Clearing a record later helps, but it doesn’t undo everything. A conviction that’s later dismissed can still count in a future case, and you may still have to disclose it on some applications. That’s why my first goal is that you’re never convicted at all: charges never filed, dropped, or dismissed, or a program that ends in a dismissal. Every case is different, and I can’t promise a result.
If police want to talk and you haven’t been charged, call me first. What to do before charges are filed.
What can be cleared later
- Dismissal after probation (Penal Code 1203.4). After you finish probation, the court can let you withdraw your plea and dismiss the case. You must still disclose it if asked directly on an application for public office, a state or local license, or a California State Lottery contract. It can still count as a prior in a later case, and it doesn’t restore gun rights.
- Dismissal for some felony jail or prison sentences (Penal Code 1203.41). After a waiting period, the court can dismiss the case, with similar limits.
- Sealing an arrest (Penal Code 851.87 to 851.91). An arrest that didn’t lead to a conviction, or that ended with a diversion program before charges, can often be sealed. The arrest is then treated as if it didn’t happen, with some exceptions, like applying to be a police officer.
- Automatic relief (Clean Slate laws). California is supposed to clear many eligible arrests and convictions automatically, without anyone filing anything. Some cases aren’t eligible, including some serious and violent felonies and cases that require sex offender registration.
If I handle your case, when you become eligible, I typically clear your record for you at no additional charge. I don’t just wait for “automatic” relief, which often doesn’t happen.
Already have a conviction from an old case? How I help with expungement and record clearing. I charge flat fees, so you know the cost before you hire me. See my fees.
Questions
Does an expungement erase my record?
Not completely. A dismissal under Penal Code 1203.4 changes your record to show the case was dismissed, and most employers can’t consider it. But it still counts in some situations, like some license applications, gun rights, and future cases.
Will my record clear on its own?
Sometimes. California’s automatic relief laws are supposed to clear many records, but it often doesn’t happen, or doesn’t happen when people expect. I don’t wait for it.
I was arrested but never charged. Does that show up?
It can, on some background checks. An arrest that didn’t lead to a conviction can often be sealed, and most employers aren’t allowed to consider it.
I already have a record. Is it too late?
No. Many old convictions can still be dismissed, and many arrests can still be sealed. Been in trouble before? You still deserve a second chance. Learn about record clearing.