The consequences of a criminal record in California do not end when the case closes. Once a conviction is on your record, it can follow you into job interviews, rental applications, professional licensing, firearm ownership and immigration proceedings. Even an arrest that never led to charges can appear in some records. Understanding these consequences, and the legal tools available to reduce them, is an important part of protecting your future. The Law Offices of Arash Hashemi defends clients in Los Angeles and helps people with past convictions clear their records whenever the law allows.
How a Criminal Record Affects Your Job Search in California
Employment is often the first place people feel the impact of a record. California’s Fair Chance Act (Government Code 12952) limits how employers with five or more employees can use conviction history:
- Employers cannot ask about convictions on a job application or before making a conditional job offer.
- After an offer, an employer that wants to withdraw it because of a conviction must conduct an individualized assessment, notify you in writing, and give you at least five business days to respond.
- Employers generally cannot consider arrests that did not lead to a conviction, completed diversion programs, or convictions that have been sealed, dismissed or expunged.
Background check companies are also generally prohibited from reporting most convictions older than seven years. The City of Los Angeles has its own fair chance hiring rules as well. Some jobs are exempt from these rules, including positions where a background check is required by law, such as certain law enforcement and healthcare roles.
Can a Landlord Deny You Housing Because of a Criminal Record?
Many landlords run background checks, and a record can make finding an apartment harder. California fair housing regulations restrict how landlords may use criminal history. Housing providers generally cannot consider arrests that did not result in a conviction, juvenile records, or convictions that have been sealed, dismissed or expunged. A blanket policy that rejects every applicant with any conviction can also violate fair housing law.
Public and federally assisted housing has stricter rules, and certain convictions can still lead to a denial.
Criminal Convictions and California Professional Licenses
Nurses, contractors, real estate agents, cosmetologists and many other professionals need a state license. Under AB 2138, most licensing boards under the California Department of Consumer Affairs generally cannot deny a license based on a conviction that is more than seven years old, unless it is a serious felony. The conviction must also be substantially related to the duties of the profession. Even so, applicants must often explain their history, and a recent conviction can delay or block a license.
Losing Your Gun Rights After a Conviction
A conviction can take away your right to own or possess a gun:
- Felony convictions result in a lifetime firearm ban under California Penal Code 29800.
- Many misdemeanors, including assault, battery and brandishing, carry a 10 year firearm ban under Penal Code 29805.
- A misdemeanor domestic violence conviction can also trigger a lifetime federal ban.
An expungement does not restore gun rights. Learn more in our guide to misdemeanor offenses that trigger a firearm ban in California.
Immigration Risks of a Criminal Conviction for Noncitizens
For anyone who is not a U.S. citizen, a conviction can lead to deportation, denial of a green card or citizenship, or refusal of reentry into the country. Many drug offenses, domestic violence offenses and crimes involving theft or fraud carry serious immigration risks. An expungement usually does not erase these consequences for immigration purposes. In some cases, a conviction can be vacated under Penal Code 1473.7 if the person was not properly advised of the immigration consequences before entering a plea. Read more about what happens when criminal law and immigration law collide.
How a Criminal Record Affects Family Life and Future Cases
A record can also affect your personal life. A domestic violence conviction can influence child custody decisions in family court. A conviction can limit volunteering at schools, coaching youth sports, or traveling to certain countries. A prior conviction can also lead to harsher penalties if you are ever charged again. For example, prior DUI convictions within 10 years increase the penalties for a new DUI. For domestic violence cases in particular, see our guide to the long term consequences of a domestic violence conviction.
How to Clear or Reduce a Criminal Record in California
Expunge Your Conviction Under Penal Code 1203.4
If you completed probation and are not currently charged with another crime, you may be able to withdraw your plea and have the case dismissed. After an expungement, most private employers cannot consider the conviction, and you can usually answer “no” when asked whether you have been convicted. Learn how the process works with our Los Angeles expungement attorney.
Reduce a Wobbler Felony to a Misdemeanor Under Penal Code 17(b)
Many California offenses are “wobblers,” meaning they can be charged as either a felony or a misdemeanor. Under Penal Code 17(b), a judge may reduce an eligible felony to a misdemeanor, which can restore certain rights and improve job prospects. See our guide on wobbler offenses and reductions and the differences between felonies and misdemeanors.
Automatic Record Relief and Arrest Record Sealing
California now grants automatic relief for many eligible arrests and convictions under Penal Code 1203.425, but not every record qualifies, and the process does not always happen correctly. Arrests that did not lead to a conviction may also be sealed under Penal Code 851.91. An attorney can review your record and confirm what relief applies.
Avoid a Conviction Through Diversion
The best way to avoid these consequences is to prevent a conviction in the first place. Diversion programs can lead to a dismissal for eligible defendants. Learn more about California drug diversion programs.
Criminal Record FAQs in California
How long does a criminal record stay on file in California?
A conviction stays on your record permanently unless it is expunged, sealed or otherwise cleared. Background check companies are generally limited to reporting convictions from the past seven years, but courts, law enforcement and some licensing agencies can still see older records.
Can an employer see an expunged conviction?
Most private employers cannot consider an expunged conviction. However, it may still appear for government jobs, state licensing applications and law enforcement positions.
Does an expungement restore my gun rights?
No. An expungement under Penal Code 1203.4 does not restore firearm rights lost because of a felony or certain misdemeanors.
Contact a Los Angeles Criminal Defense Attorney
A criminal record can shape your career, your housing and your rights for years. Whether you are facing a new charge or trying to clear an old one, Attorney Arash Hashemi has more than 20 years of experience defending clients in Los Angeles. Call The Law Offices of Arash Hashemi or contact us online for a free, confidential consultation in English or Farsi.
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
