You finally got the conditional offer, and then came the words "pending a background check." Now you are wondering whether a felony from years ago is about to cost you the job. That fear is understandable, but in California you have more options than most people realize.
A felony conviction here does not disappear on its own. It can surface when an employer, landlord, or licensing board reviews your history. Long after you finish your sentence, that record can still limit work, housing, and professional licenses, and the stress of not knowing what will appear can weigh as heavily as the conviction itself.
California law, though, gives people with past convictions real tools to limit the damage and often clear the record entirely. At William S. Kroger Criminal Defense Attorney at Law, we help people across the state reduce, dismiss, and seal felony convictions so that old cases no longer block new opportunities. Our team tracks every change the Legislature makes to record-clearing law, and we move fast when a new statute opens a door.
Understanding what shows up, the rights that protect you during hiring, and the paths to a clean record puts you back in control. Let's start with what a California background check actually reveals.
A criminal background check pulls your conviction history from county, state, and federal court records. For a felony, the report typically lists the charge, the case number, the date, the disposition, and the sentence you received, whether that was state prison, county jail, or probation. Arrests that led to a conviction generally appear as well.
Arrests that did not lead to a conviction are generally off-limits to employers, unless your case is still pending. California law also bars employers from considering convictions that have been sealed or dismissed, no matter how they surface.
Unlike a late credit card payment, a felony conviction does not fall off your record after a set number of years. In California, a conviction stays on your criminal history until you take legal action to change it. That permanence is exactly why so many people feel stuck years after their case closed.
Knowing what a report can reveal is the starting point, because each clearing tool below targets a different piece of that record.
You may have heard that background checks only reach back seven years. There is truth to it: Under the California Investigative Consumer Reporting Agencies Act, most third-party background reports cannot include convictions older than seven years.
So if a private employer uses an outside screening company, a felony conviction from a decade ago generally should not appear. That rule, however, comes with important exceptions.
A few situations let an employer see your full history regardless of age:
The takeaway is simple: The seven-year rule helps, but it does not guarantee that an old felony stays hidden.
California gives job seekers with conviction records strong protection during hiring. The Fair Chance Act, also called the "ban the box" law, took effect on January 1, 2018, and applies to employers with five or more employees.
Under this law, an employer cannot ask about your conviction history until after making a conditional job offer. If the employer then wants to pull the offer because of a felony, it must first complete an individualized assessment.
That assessment weighs the following factors:
An employer who still intends to deny the position must send written notice, identify the disqualifying conviction, and give you at least five business days to respond. You can use that window to provide evidence of rehabilitation or to dispute an inaccurate report. In Los Angeles County, a 2024 Fair Chance Ordinance adds even more protections for workers in unincorporated areas.
These rules give you leverage. If an employer ignores them, you can file a complaint with the California Civil Rights Department. These protections do not erase the conviction itself, though, and for that you need one of California's record-clearing remedies.
When a felony keeps surfacing, the strongest move is to change the record itself. California offers several post-conviction remedies, and the right one depends on your offense, your sentence, and how much time has passed. We review your history and match you to the relief that delivers the cleanest result.
The most common remedy is an expungement under Penal Code 1203.4, which is more accurately called a dismissal. If you completed probation and are not currently charged with a crime, the court can withdraw your plea and dismiss the case, releasing you from most penalties tied to the conviction. If you were never placed on probation, a related provision, Penal Code 1203.4a, allows a dismissal one year after the conviction.
After a dismissal, you can lawfully answer "no" on most private job applications that ask whether you were convicted. The conviction may still appear on some reports with a dismissal notation, yet the Fair Chance Act bars employers from holding a dismissed case against you. Government jobs, licensing positions, and security-clearance roles remain the main exceptions.
Some felonies can be reduced to misdemeanors, which carries even greater weight than a dismissal alone. Under Penal Code 17(b), a "wobbler" (an offense chargeable as either a felony or a misdemeanor) can be reduced if you received probation rather than a state prison sentence. Once reduced, the offense becomes a misdemeanor for nearly all purposes, and in many cases your firearm rights are restored.
Proposition 47 created a separate path. Passed in 2014, it lets people reclassify certain drug and theft offenses involving $950 or less from felonies to misdemeanors. This relief is retroactive, and the state removed the filing deadline in October 2023, so eligible Californians can still apply.
For convictions that cannot be dismissed, a Certificate of Rehabilitation offers another route. Set out in Penal Code 4852.01, it is a court order declaring that you have been rehabilitated after a required waiting period. The certificate does not delete the conviction, but it serves as official proof of rehabilitation and can move you toward a Governor's Pardon, the highest form of relief that restores lost rights.
California now clears some records without any petition at all. Through the Clean Slate laws, Senate Bill 731 and Assembly Bill 1076, the state automatically seals many arrest and conviction records under Penal Code 1203.425, a process that began on July 1, 2023. The relief applies even when you never file paperwork.
Automatic relief follows set timelines after a case ends:
This program does not reach everyone. Serious felonies, violent offenses, and crimes requiring sex offender registration are excluded, so a court petition remains the path for those records. Still, once a record seals automatically, you do not have to disclose it to most employers.
Sealed records do stay visible to law enforcement, prosecutors, and the courts, so this relief limits public access rather than erasing the case entirely.
When an old felony is blocking your goals, a clear plan helps you act with confidence. We guide clients through each stage so nothing slips through the cracks.
Take these steps to start clearing your record:
Acting early gives both the court and any employer the strongest possible picture of who you are today.
Our criminal defense attorneys have spent decades helping Californians put felony convictions behind them. Together, our defense team brings more than 100 years of combined criminal defense experience and has handled over 5,000 cases across the state. That depth matters when a judge weighs whether to grant a dismissal or a reduction.
We have secured dismissals in serious felony matters, and we know how Los Angeles courts evaluate post-conviction petitions. For clients who are more comfortable in Spanish, we provide interpreters so nothing about your case gets lost in translation. At every stage, our team explains what to expect, because clearing a record should never feel as confusing as the original case did.
Clients across California ask these questions when a felony threatens their job or housing.
It may appear on some reports with a "dismissed" notation, but employers cannot legally hold a dismissal against you. After expungement, you can answer "not convicted" on most private job applications.
Yes. Once a wobbler is reduced under Penal Code 17(b), it becomes a misdemeanor for nearly all purposes, so you can truthfully state on most applications that you have no felony conviction.
No. Positions with high salaries, fingerprint-based Live Scan checks, or roles in law enforcement and other sensitive fields can review your full record, regardless of age.
Most dismissal and reduction petitions take a few months, depending on the court's backlog and the complexity of your case. We work to move your petition forward as quickly as the court allows.
A dismissed conviction or a felony reduced to a misdemeanor can reopen doors that a background check slammed shut. If a past felony is costing you jobs, housing, or peace of mind, our team is ready to fight for your clean slate.
At William S. Kroger Criminal Defense Attorney at Law, our team brings decades of post-conviction experience to every petition we file. We have cleared and reduced records for clients throughout California, and we pursue every available remedy to protect your future. Recognition by Super Lawyers and the American Institute of Criminal Defense Attorneys reflects the standard we bring to this work.
You do not have to let an old conviction define what comes next. Call us today at (323) 655-5700 for a free case evaluation, and let our team start clearing the path forward.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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