Getting a criminal record off a background check in California means either expunging the conviction under Penal Code 1203.4, sealing an arrest that never led to conviction, or petitioning to reduce a felony to a misdemeanor first. I walk clients through this exact sequence every week, and the order you tackle it in determines whether an employer's screening company still finds anything in 2026.
- Expungement under PC 1203.4 is the fastest way to remove criminal record from background check California employers run in 2026.
- Arrests without conviction get sealed under PC 851.91 - not expunged - and disappear from most commercial databases.
- DOJ Live Scan and county court records update on different timelines; budget 60-90 days for full removal.
- A felony that's still a felony on paper won't clear an FCRA background check even after relief - reduce it first.
Why this matters
Most background check companies (Sterling, Checkr, HireRight) pull from county court records and the California DOJ database, not from a single national repository. That means a record can look "cleared" on the DOJ side while still showing up in a county-level pull for months if the paperwork wasn't filed correctly or the court hasn't processed the order yet.
I've had clients who assumed their expungement was automatic once the case closed. It isn't. You have to file a petition, get a judge's signature, and then make sure the right agencies actually receive and process that order. Skip a step and the background check still flags you in 2026.
What you'll need
- Your case number and the county where you were charged
- A certified copy of your criminal history (CORI) or DOJ record
- Proof you completed probation, paid fines, or finished any sentence conditions
- Form CR-180 (Petition for Dismissal) for expungement cases, or the appropriate sealing petition for arrests without conviction
- Filing fees, which vary by county (some counties waive fees for indigent petitioners)
- 60 to 90 days of patience - courts do not process these overnight
If your conviction was a felony, you'll likely need a felony-to-misdemeanor reduction under Penal Code 17(b) or Proposition 47 before you file for expungement. Skipping this step is the single most common mistake I see.
The steps
1. Pull your full criminal history first
Request your record from the California DOJ (through Live Scan) and from the county courthouse where the case was filed. This tells you exactly what a background check company will see and confirms there isn't a second case you forgot about.
Common mistake: relying on memory instead of the actual record. I've seen clients miss an old infraction that still shows up because they didn't think it counted.
2. Confirm eligibility for expungement or sealing
Misdemeanors and most felonies where you completed probation without a state prison sentence qualify for expungement under Penal Code 1203.4. If you were arrested but never convicted, that's a different track entirely - you petition to seal the arrest record itself.
Certain convictions (some sex offenses, specific vehicle code violations) are excluded from 1203.4 relief. Check the exclusion list before filing anything.
3. Reduce felonies to misdemeanors before you expunge
If your conviction is still classified as a felony, an expungement won't remove that classification from a background check - it just dismisses the case. You need a separate motion first. This step alone changes how your record reads to an employer, a landlord, or a licensing board.
Common mistake: filing the expungement petition and the reduction petition in the wrong order, which forces a resubmission and adds another 30-60 days.
4. File the correct petition with the court
Submit Form CR-180 (or the sealing equivalent) to the county where the conviction occurred, not where you currently live. Include your case number, sentencing details, and proof of compliance with all court orders.
Most counties require a filing fee between $60 and $150, though fee waivers exist if you qualify financially.
5. Attend the hearing (if one is scheduled)
Many petitions are granted without a hearing if the prosecutor doesn't object. If the DA's office contests it, you'll need to appear and argue the merits - completed probation, no new arrests, evidence of rehabilitation. This is where representation matters most.
6. Confirm the DOJ and county records both update
Once the judge signs the order, the court clerk sends it to the DOJ, but processing lag is common. Verify your DOJ record reflects the dismissal, and separately confirm the county court's public index shows it too - background check vendors sometimes pull from the county directly.
Common mistake: assuming one update means both are done. They're separate systems.
7. Address arrests that never led to conviction separately
If you were arrested but the case was dismissed, never filed, or you were acquitted, that's not an expungement matter - it's sealing an arrest that never led to conviction under Penal Code 851.91. This is a stronger form of relief because sealed arrests can be treated as if they never happened for most background check purposes.
Troubleshooting
The background check still shows the conviction after my expungement was granted. Check whether the county court record updated separately from the DOJ record. Many commercial screening companies pull county data directly, and that update can lag 30-60 days behind the DOJ.
My petition was denied. The most common reason is an incomplete probation record or an unpaid fine still on file. Pull your compliance records from the court and refile once everything is cleared.
I have a felony that won't budge. You likely need the Penal Code 17(b) or Proposition 47 reduction step done first. An expungement on a still-classified felony doesn't change how licensing boards or employers read the record.
A background check company shows an arrest with no conviction. That record needs sealing, not expungement. Different form, different code section, and often a stronger outcome once granted.
I'm not sure which county has jurisdiction. File where the conviction or arrest occurred, not your current address. Multi-county histories mean multiple petitions.
The employer uses a national database that hasn't updated. Some private aggregators cache old data for months. Once your court and DOJ records are correct, you have grounds to dispute the outdated listing directly with the reporting company under the FCRA.
Tools and resources
- How to expunge a criminal record in California - the full petition process, code sections, and timeline
- How much it costs to expunge a record in California - filing fees and attorney cost ranges by county
- How long an expungement takes in California - realistic timelines from filing to DOJ update
- California DOJ Live Scan request form (for pulling your own criminal history)
- Your county superior court clerk's office (for case-specific filing requirements)
Get your record reviewed today
Find out which relief applies to your case before you file anything.
FAQ
How do I remove a criminal record from a background check in California?
You file for expungement under Penal Code 1203.4 if you were convicted, or petition to seal the arrest under Penal Code 851.91 if you were never convicted. Both routes require a court order before the DOJ and county records update.
Does an expungement completely remove a record in California?
An expungement dismisses the conviction and changes your plea to not guilty, but the arrest and case history remain visible to certain licensing boards and law enforcement. For most employer background checks in 2026, it removes the conviction from view.
How long does it take to clear a record for a background check?
Court processing typically runs 60 to 90 days from filing to a signed order, with DOJ database updates sometimes lagging another 30 to 60 days after that. County court records can update on a different timeline than DOJ.
Can I remove an arrest that never led to a conviction?
Yes, arrests without conviction are sealed under Penal Code 851.91, a different process than expungement. Sealed arrests are treated as if they never occurred for most background check purposes.
Do I need a lawyer to expunge a record in California?
You can file a petition yourself using Form CR-180, but contested cases, felony reductions, and multi-county records benefit from representation. Errors in filing order or documentation are the most common reason petitions get delayed or denied.
Will an expunged record show up on a background check?
A properly expunged and updated record should not show a conviction on standard employer background checks in 2026. It can still appear on checks for certain professional licenses, government jobs, and law enforcement positions.
What's the difference between expungement and sealing in California?
Expungement dismisses a conviction after you completed probation, while sealing removes an arrest record when there was no conviction at all. They use different Penal Code sections and different petition forms.
How much does it cost to remove a criminal record in California?
County filing fees typically run $60 to $150, with attorney fees adding to that depending on case complexity. Fee waivers are available for petitioners who qualify financially.
One last thing
The part most people miss: getting the court order signed is not the finish line. I tell every client to pull their own DOJ record about 60 days after the order is granted and check it against what the county court shows publicly. If the two don't match, that's your signal to follow up before a background check catches the mismatch instead of you.
