Beat Background Checks: How California Record Clearance Lawyers Can Help
California provides multiple record clearance tools that can improve what appears on many private background checks. Options include case dismissals (often called expungements), arrest record sealing, felony reductions, juvenile sealing, cannabis relief, and automatic Clean Slate updates. Relief is fact-specific, has important exceptions, and some agencies can still see underlying records. A California record clearance lawyer can help you choose the right path and navigate county-specific procedures.
Why Record Clearance Matters for Background Checks
Employers, landlords, and licensing agencies often run background checks. Even dated arrests or convictions can appear and create hurdles. California law offers several ways to change how your record is reported on many private background checks and, in some settings, to improve licensing prospects. Outcomes vary by the type of relief, the offense, and who is requesting the information. Government and law enforcement agencies, and some licensing boards, may still access underlying records even after relief.
Key California Record Clearance Options
- Dismissal after completion (often called “expungement”): Penal Code § 1203.4, § 1203.4a, and § 1203.41 allow courts to dismiss certain eligible convictions after required terms are completed. Helpful for many private employment contexts, subject to statutory exceptions.
- Arrest record sealing (no conviction): Penal Code § 851.87 lets eligible people seal arrests that did not result in conviction. In limited cases of factual innocence, § 851.8 may apply. Sealed arrests generally will not appear on most public background checks.
- Felony reduction to a misdemeanor: Certain wobblers can be reduced under Penal Code § 17(b), which can lessen collateral consequences.
- Juvenile record sealing: Many juvenile matters may be sealed under WIC § 781, limiting disclosure.
- Clean Slate automatic and petition-based relief: California’s Clean Slate laws provide automatic updates by the Department of Justice in specified situations, including under Penal Code § 1203.425. Coverage is not universal, and petition-based relief may still be needed to achieve your goals.
- Cannabis relief: Certain marijuana convictions can be reclassified, resentenced, or dismissed under Health & Safety Code § 11361.8.
What an Expungement (Dismissal) Does—and Doesn’t Do
A dismissal under Penal Code § 1203.4 updates the case to show a post-judgment dismissal after successful completion of qualifying terms. This often improves outcomes with private background screeners and allows you, in many private employment contexts, to state that the conviction was dismissed. However, it does not erase the record, remove it from all databases, or end all disclosure duties. Certain offenses are excluded by statute, some government applications and licensing boards may still consider the underlying conduct, and criminal justice agencies continue to see the case.
Sealing Arrests That Didn’t Lead to Conviction
If your arrest did not result in a conviction, you may be entitled to seal the arrest record under Penal Code § 851.87, subject to disqualifying factors (for example, certain patterns of specified offenses). In limited circumstances, a court can find factual innocence under Penal Code § 851.8. Sealed records remain available to law enforcement and in narrow statutory contexts.
Felony Reduction and Clean Slate Pathways
For eligible wobblers, a judge can reduce a felony to a misdemeanor under Penal Code § 17(b), which can improve background check results and collateral consequences. California’s Clean Slate framework also provides automatic and petition-based relief in certain circumstances, including DOJ updates under Penal Code § 1203.425. Automatic relief does not delete or seal all records and may not substitute for petitions targeted to your specific goals.
Licensing and Professional Consequences
Many California licensing boards must consider rehabilitation and updated case outcomes under the Business and Professions Code, including BPC § 480. Dismissals, reductions, or sealing can strengthen applications and may limit disclosure obligations, but some agencies can still review the underlying conduct. For employment, California’s Fair Chance Act limits pre-offer conviction inquiries and requires individualized assessment (Gov. Code § 12952). Strategy often combines court relief with a tailored licensing or employment narrative.
Typical Steps in a Record Clearance Case
- Pull statewide DOJ and local court records to confirm eligibility.
- Identify the best mix of remedies (dismissal, sealing, reduction, or other relief).
- Prepare and file petitions with supporting declarations and evidence of rehabilitation.
- Serve the prosecutor and any required agencies.
- Appear at hearings and address objections.
- Obtain certified orders and, where appropriate, share them with background screeners or agencies to update reporting.
Processing times vary by county, court workload, and case complexity. Private background reports may not update immediately; you may need to provide the order or request a reinvestigation with the screener.
Tips to Strengthen Your Petition
- Collect proof of rehabilitation such as employment letters, training certificates, and community service records.
- Pay all fines and restitution or bring proof of a payment plan.
- Fix rap sheet errors early by requesting a DOJ review and correction if needed.
- Sequence remedies wisely, for example, reduce under 17(b) before seeking dismissal.
- Bring certified orders to job interviews and ask screeners for a reinvestigation if reports are outdated.
Pre-Filing Checklist
- Obtain your California DOJ criminal history and local docket printouts.
- Confirm eligibility for each remedy (1203.4/1203.4a/1203.41, 851.87, 17(b), Clean Slate, juvenile sealing, cannabis relief).
- Gather supporting exhibits: education, work history, treatment completion, character letters.
- Prepare sworn declarations explaining rehabilitation and goals.
- Calendar deadlines and hearing dates; arrange service on the prosecutor.
- Plan follow-up to ensure background screeners update reports after orders issue.
FAQ
Will an expungement remove the case from all background checks?
No. A dismissal changes the case status and helps with many private checks, but law enforcement and some licensing agencies can still access the underlying record.
Do arrests automatically disappear if charges were never filed?
Not always. Many arrests require a petition to seal under Penal Code § 851.87, subject to eligibility and exceptions.
Is Clean Slate automatic relief enough?
Sometimes. Coverage is limited and may not address your goals; petition-based relief can still be necessary.
Should I reduce a felony before seeking dismissal?
Often yes for eligible wobblers. Reducing under § 17(b) first can improve outcomes and then be followed by dismissal.
How long does the process take?
Anywhere from weeks to several months, depending on county, court workload, and case complexity.
How a California Record Clearance Lawyer Helps
An attorney can spot eligibility issues, sequence multiple remedies, and present persuasive evidence of rehabilitation. They also help avoid pitfalls, like seeking the wrong relief for your goals or missing county-specific filing requirements. After orders are granted, counsel can help ensure background screeners receive updated information.
Get Started
If a past case is holding you back, we can evaluate your record and map a path to relief. Contact our California record clearance team for a confidential assessment.
Sources
- Cal. Penal Code § 1203.4
- Cal. Penal Code § 1203.4a
- Cal. Penal Code § 1203.41
- Cal. Penal Code § 851.87
- Cal. Penal Code § 851.8
- Cal. Penal Code § 17(b)
- Welf. & Inst. Code § 781
- Cal. Penal Code § 1203.425
- Health & Safety Code § 11361.8
- Bus. & Prof. Code § 480
- Gov. Code § 12952
Disclaimer (California): This post provides general information about California law and is not legal advice. Laws change, and outcomes depend on your facts. Reading this post does not create an attorney–client relationship. Consult a qualified California attorney about your situation.