Your Criminal Record in California

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YOUR CRIMINAL RECORD
IN CALIFORNIA
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Do You Have
A Criminal Record in California?
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If you have ever been arrested YOU HAVE A RECORD
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IF YOU HAVE BEEN CONVICTED it can negatively
impact your future
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The good news is that there are ways to avoid a
conviction in the first place or dismiss one if
it is too late to avoid the conviction
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Access to
Criminal Records in California
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California limits access to criminal records
Access is limited to legitimate law enforcement
purposes and authorized applicant agencies
You can request your own record
Prospective employer, professional licensing
agency, or adoption facilitator may request your
record
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Megans
Law
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(No Transcript)
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What Can
an Employer Ask You?
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California Labor Code section 432.7 governs what
an employer can ask you
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Cannot ask about arrests
Cannot ask about participation in diversion
program that did not result in conviction
Can ask about arrest for pending case
Exceptions apply to employers such as law
enforcement agency, daycare center, government
employer
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Juvenile
Records
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Juvenile records in California ARE NOT PUBLIC
RECORD
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Access limited to parents of the minor, attorneys
for the parties involved in the case, court
personnel, and the minor
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Juvenile record can become part of adult record
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Juvenile records are not automatically sealed at
any point
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Can petition to have juvenile records sealed when
you turn 18
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Records are destroyed five years after sealed
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Avoiding a Conviction
Diversion Programs
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If acquittal is unlikely, entering into a
diversion program may be the best way to avoid
a conviction
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Agreement between defendant and prosecutor
Successful completion results in state dismissing
all charges, meaning no conviction
Program requirements differ
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Some common requirements include
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Dismissing
a Conviction
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In California, if you were convicted of an
infraction, misdemeanor, or felony you may be
eligible to have the conviction dismissed as long
as you were not sentenced to state prison or
otherwise placed under the control of the
California Department of Corrections and
Rehabilitation
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How Does
a Dismissal Work?
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Petition for dismissal
If court grants petition, court withdraws your
former plea of guilty, or former verdict of
guilty from trial
Court then dismisses charges against you
Legally you were never convicted
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Requirements
for Dismissal
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Depending on the facts of your case there may be
additional requirements
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However, all applicants must show
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What Does
Dismissal Mean?
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For most purposes you can answer no to
questions regarding conviction of a crime once
your conviction has been dismissed
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There are exceptions to this for employers such
as government agencies
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Limitations
of Dismissal
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It is very important that you understand the
limitations of a dismissal, including
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Law enforcement agencies and courts still have
access to original record
Conviction can still be used against you to
increase sentence in future conviction
Can impact driving record
Dismissal of a sex offense conviction does not
automatically remove registration on registry
separate procedure to petition for removal
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LEARN MORE ABOUT CLEARING A CRIMINAL RECORD IN
CALIFORNIA
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www.attorneylombardo.com
Content provided by Best Legal Practices