How long does California arrests stay on your record?
How Long Does California Keep Criminal Records?
If you have a criminal record in California, you may probably wonder whether it will ever be erased and when that might happen. To answer these questions in the most accurate manner, it is important to distinguish between arrest records and conviction records.
Sealing of Arrest Records in California
Arrest records in California can persist indefinitely unless they are sealed or expunged. However, with the introduction of the Clean Slate Law (SB-731) – effective from July 1, 2023 – there are now provisions for sealing certain arrest records. Specifically, most misdemeanor arrests are automatically sealed after one year if no charges are filed. Felony arrests are sealed after three years if no charges are filed.
This sealing process is typically automatic, meaning that individuals do not need to take any specific actions or file a petition to have their arrest records sealed.
How Long will Conviction Records Last
Conviction records, like arrest records, can remain on a person’s record until he/she reaches the age of 100, unless steps are taken to expunge or seal them. The Clean Slate Law, however, allows for Misdemeanor records to be cleared one year after the case concludes. Felony convictions are cleared four years after the case ends. For the clearing process to occur regarding both types of offenses, certain criteria have to be met.
Conditions for Clearing Conviction Records
Clearring conviction records under the Clean Slate Law depends on the nature of the conviction and the former offender’s conduct. As a rule of thumb, the following requirements must apply:
- Completion of Sentence: The offender must complete their sentence. That includes probation, parole or fine.
- No New Convictions: The individual must not incur any new criminal convictions during the period following the completion of their sentence. This period is often referred to as the “clean slate” period.
- Eligible Offenses: Not all offenses qualify for expungement. Serious crimes, including violent felonies and sexual offenses, are typically not eligible.
- Waiting Period: There is usually a mandatory waiting period after the sentence is completed before a person can apply for expungement. This period varies depending on the offense and case specifics.
- Filing a Petition: The individual must file a formal petition with the court to request expungement. This involves submitting legal paperwork and potentially attending a court hearing where a judge will decide on the expungement request.
- Court Approval: The court must review and approve the expungement request. This includes evaluating the individual’s criminal history, compliance with sentencing terms, and any objections raised by the prosecution.
Criminal Background Checks
In California, criminal conviction records are typically accessible during background checks for up to seven years. This is known as the “seven-year rule”. However, there are exceptions:
- Sensitive Positions: Certain jobs requiring a high level of trust or access to sensitive information may allow for more extensive background checks.
- Arrests Not Leading to Conviction: Arrests that did not result in a conviction, as well as expunged or sealed records and certain misdemeanor marijuana convictions older than two years, are generally not reportable.
- Higher Salaries: If a candidate’s expected salary is $75,000 or more, the seven-year limitation may not apply, allowing older convictions to be reported.
The Impact of Criminal Records
Having a criminal record in California can significantly impact various aspects of life, from employment to housing and beyond.
Employment Issues
A criminal record may limit employment opportunities. Many employers in California conduct background checks as part of their hiring process. Certain fields, such as education, healthcare, finance and law enforcement may disqualify candidates with criminal records.
Housing Difficulties
Securing housing can become increasingly difficult with a criminal record. Landlords and property management companies tend to perform background checks on potential tenants. A criminal history may result in rejected rental applications or require higher security deposits.
Professional Licensing
Certain professions in California require state-issued licenses, which a criminal record can jeopardize. This can affect careers in fields such as nursing, legal practice, real estate, and various trades.
Reduced Educational Opportunities
Some educational institutions run a criminal background check on applicants as part of the admissions process. This can limit access to higher education and certain career-oriented programs.
Travel Restrictions
International travel can become more complicated for individuals with criminal records. Many countries have strict entry requirements and may deny visas or entry to those with specific types of convictions.