Whether you are applying for a job, renting an apartment, or seeking a professional license, the question of what shows up on a background check shapes your options in ways most people do not fully understand. That becomes clear the moment you are sitting across from a potential employer who has a copy of your history.
California has specific rules about what can be reported, how far back checks can go, and how convictions that have been expunged are treated. Knowing those rules before the check is run gives you the ability to prepare, and in some cases, to take action that changes what appears. If you have questions about your own record, a Los Angeles criminal defense attorney can review your history and identify your options.
What Is a Criminal Background Check?
A criminal background check is a review of a person’s criminal history using publicly available court records, law enforcement databases, and in some cases federal repositories. The scope of what shows up on a background check depends on who is running it, what databases they access, and what level of check is authorized.
The most common types in California are employer checks run through consumer reporting agencies, Live Scan fingerprint-based checks processed through the California Department of Justice, and FBI checks that access the National Crime Information Center database. Each type accesses different data sources and returns different levels of detail. A standard employment check from a private screening company typically searches court records in specific counties or states. A Live Scan or FBI check is more comprehensive and draws from statewide and national law enforcement databases.
What Information Shows Up on a Background Check?
Here is what most background checks in California will and will not return:
| Record Type | Standard Check | FBI / DOJ Check | Notes |
| Felony convictions | Yes | Yes | No time limit in California |
| Misdemeanor convictions | Yes | Yes | No time limit in California |
| Arrests without conviction | Sometimes | Yes | May appear; employers limited in using them |
| Expunged convictions (PC 1203.4) | Usually no | Yes | Still visible to law enforcement and some licensing boards |
| Sealed juvenile records | No | Limited | Generally not visible on standard checks |
| Federal convictions | Yes | Yes | Appear on PACER and federal databases |
| Civil judgments / liens | Sometimes | No | Depends on check scope; not criminal history |
Felony and Misdemeanor Convictions
Both felony and misdemeanor convictions appear on a criminal background check in California with no automatic time limit. Unlike some states that cap reporting at seven years, California does not restrict how far back conviction records can be reported. A conviction from 20 years ago is as reportable as one from last year, unless it has been expunged or sealed.
Arrests Without a Conviction
Arrests that did not result in a conviction, including charges that were dismissed, acquitted, or declined by the prosecutor, may still appear on a background check depending on the database searched. California law limits how employers can use arrest records that did not lead to conviction. Under the Fair Chance Act, employers cannot ask about or consider non-conviction arrests in most circumstances. However, the arrest may still be visible in the underlying record.
Infractions
Minor infractions, such as traffic violations, generally do not appear on criminal background checks, though they appear on DMV driving records. Whether a specific infraction shows depends on how the offense was classified and which databases the check accesses.
Does an Arrest Without Conviction Show Up?
This is one of the most common misconceptions about criminal records. An arrest creates a record even if no charges were filed or if the charges were later dismissed. That arrest record exists in law enforcement databases and may appear on certain background checks, particularly Live Scan and FBI-level checks.
For most private employment purposes in California, employers are restricted from using non-conviction arrest records against applicants under Labor Code 432.7. But the record itself is not deleted by the arrest not resulting in conviction. The appropriate remedy in California is a petition for factual innocence under Penal Code 851.8, or sealing and destruction of arrest records under Penal Code 851.91, which can remove the arrest from databases accessible to non-law-enforcement entities.
How Far Back Does a Background Check Go in California?
How far back a background check goes depends on the type of check and the purpose for which it is being run.
For employment background checks governed by the federal Fair Credit Reporting Act (FCRA), criminal convictions can generally be reported without a time limit. The seven-year rule that many people have heard about is often misunderstood. It primarily applies to certain non-conviction records, civil judgments, tax liens, and other non-criminal information, which is why many people mistakenly assume all criminal records disappear after seven years. Felony and misdemeanor convictions on a criminal background check in California can typically be reported regardless of how old they are.
For positions paying $75,000 or more annually, even some of the non-conviction limitations under the FCRA may not apply. Certain industries, including healthcare, financial services, and positions involving work with children, are subject to different rules that may permit more extensive background reviews.
Live Scan checks conducted by the California DOJ and FBI checks for licensing and law enforcement purposes can access a much broader criminal history and generally are not subject to the same time limitations that apply to certain consumer background reports.
Does Expungement Remove Records from a Background Check?
Expungement under Penal Code 1203.4 dismisses a conviction after probation is completed and allows most people to truthfully answer that they have not been convicted of that offense on most job applications. For standard employment background checks run by consumer reporting agencies, an expunged conviction generally will not appear. However, expungement does not remove the record from law enforcement databases, and it will still be visible on Live Scan and DOJ checks. It also does not apply to certain licensing boards, government employment, or positions requiring security clearances. A California expungement attorney can assess whether your conviction qualifies and handle the petition process.
For convictions that were reduced from felonies to misdemeanors under Proposition 47, the record reflects the reclassified offense after the petition is granted. This can make a meaningful difference on a background check because a misdemeanor carries significantly less stigma and fewer collateral consequences than a felony, even if both are technically visible.
If your conviction qualifies for Prop 47 resentencing, having the felony reduced to a misdemeanor before pursuing expungement gives you the strongest possible record relief available under current California law. The full eligibility requirements and steps involved in getting your record expunged in California depend on the type of conviction, the sentence imposed, and whether probation has been completed.
Steps to Take to Improve Your Background Check Results
If you have a criminal record and are concerned about what shows on a background check, these are the concrete steps worth pursuing:
- Obtain your own record first: Request your California criminal history through the DOJ’s Personal Record Review process. This shows you exactly what law enforcement databases contain and identifies any errors or outdated entries.
- Pursue expungement if eligible: If you have completed probation and meet the eligibility requirements, expungement under Penal Code 1203.4 is the most widely applicable form of relief and changes what most employers will see on a standard check.
- Petition for early termination of probation: If you are still on probation, probation modification and early termination may be available if you have complied with conditions and served a substantial portion of the term, which then opens the door to expungement sooner.
- Seek Prop 47 reduction if applicable: If a felony conviction qualifies for reduction to a misdemeanor under Prop 47, filing that petition before expungement produces the best outcome on subsequent background checks.
- Seal arrest records where no conviction resulted: If you were arrested but not convicted, a petition to seal the arrest record under Penal Code 851.91 can prevent that record from appearing on non-law-enforcement checks.
Take Control of What Your Record Shows
Understanding what shows up on a background check in California is the first step. Taking action to limit what appears is the next one. Whether that means pursuing expungement, petitioning for a Prop 47 reduction, sealing an arrest record, or simply knowing your rights when an employer asks about your history, the options available to you depend on the specific facts of your record.
Every criminal record presents different opportunities for relief, and the best approach depends on the details of your case. Contact Manshoory Law Group for a free case analysis to find out exactly what your record shows and what can be done about it.