Expungement, jobs and background checks in California

The most common reason people come to us is work. Here is how California law treats a dismissed conviction when you apply for a job, a license, or housing, and where the limits are.

Before a job offer: the Fair Chance Act

California’s Fair Chance Act (Government Code 12952) generally bars employers with five or more employees from asking about conviction history before making a conditional job offer. After an offer, an employer that wants to withdraw it because of a conviction has to make an individual assessment, give you written notice and a copy of any report, and give you at least five business days to respond.

What employers can’t ask about or consider

Under Labor Code 432.7, most California employers can’t ask about, or use in hiring or promotion decisions:

• A conviction that was dismissed under PC 1203.4 (or 1203.4a, 1203.41 and similar) or sealed.
• An arrest that didn’t lead to a conviction.
• Participation in a diversion program.

For most private job applications, after a dismissal you can lawfully answer “no” when asked whether you’ve been convicted of that offense. Some employers are exempt, for example when another law requires them to check, as with some health care, caregiving, school, and law enforcement jobs.

Background checks

After a dismissal, the court and DOJ records are updated to show the case as dismissed. California law also limits what background-check companies can include in reports, including older records and arrests that didn’t lead to a conviction. Private databases are sometimes out of date. If a report shows a dismissed case as an open conviction, you can dispute it with the company, and keeping a copy of your signed dismissal order makes that easier.

Where you still have to disclose it

A 1203.4 dismissal doesn’t relieve you of disclosing the conviction when you’re directly asked on an application for:

• Public office.
• A state or local license, such as nursing, contractor, real estate, or cosmetology.
• A contract with the California State Lottery.
• A job as a peace officer.

The good news for licenses: under Business and Professions Code 480, most licensing boards under the Department of Consumer Affairs generally can’t deny a license solely because of a conviction that has been dismissed. Some boards and agencies follow different rules, so check before you apply.

Housing

California fair housing rules generally limit how landlords can use criminal history, and they generally don’t allow a landlord to consider a conviction that has been dismissed or expunged.

Limits to know about

• Federal checks: FBI records and some federal jobs, security clearances, and federally regulated positions may still treat the conviction as a conviction.
• Immigration: a California dismissal generally doesn’t remove a conviction for immigration purposes. Talk to an immigration attorney first.
• Driving jobs: a DUI dismissal doesn’t change your DMV record. See DUI expungement.
• Felonies: a 17(b) reduction may help when an application asks specifically about felonies.

Common questions

Do I have to tell an employer about an expunged conviction?

For most private employers in California, no. They generally can’t ask about or consider it. Exceptions include government licensing questions, peace officer jobs, and employers required by law to check.

How soon after the dismissal will background checks update?

Court and DOJ records are usually updated after the order is signed, but private background-check databases can lag. Keep a copy of the signed order to show employers or to dispute an outdated report.

Can an employer find out about a dismissed case?

Some checks may still show the case, marked as dismissed. In most cases, California employers can’t use it against you.

This page is general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it does not create an attorney-client relationship.

More guides: Shasta County expungement process · PC 1203.4 eligibility · DUI expungement · Felony reduction (17b) · Prop 47 · Arrest sealing · Jobs & background checks · Cost · FAQ