A criminal record will generally appear on a background check, depending on the scope of the screening, the state where it occurs, and the offense's legal status. Employers, landlords, financial institutions, and licensing boards routinely conduct background checks to review criminal, financial, and educational histories.
For individuals with past legal involvement, federal laws like the Fair Credit Reporting Act (FCRA) and state protections—such as California's Fair Chance Act—strictly limit what background check companies can report and how employers may evaluate criminal history.
What Information Shows Up on a Criminal Background Check?
In a standard background screening, public records are searched across local, state, and federal databases.
Information Typically Revealed
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Felony and Misdemeanor Convictions: Detailed records of past convictions, including charges, disposition dates, and sentencing outcomes.
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Active Arrest Warrants: Pending warrants issued by law enforcement or judicial authorities.
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Incarceration Records: Documentation of time served in state prisons, federal facilities, or county jails.
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Parole and Probation Status: Current or historical records of court-ordered supervision.
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Sex Offender Registry Status: Registration status on state or national sex offender databases.
Records Protected from Disclosure on Background Checks
Under federal and California law, consumer reporting agencies and screening services are legally prohibited from reporting specific types of criminal history.
|
Offense Category |
Legal Status & Disclosure Rules |
| Arrests Without Conviction | Arrests that did not lead to a conviction cannot be reported or used in hiring decisions. |
| Non-Conviction Diversion Programs | Completed pretrial or pre-prosecution diversion records are excluded. |
| Sealed or Expunged Convictions | Records formally dismissed or sealed by court order do not appear on standard background reports. |
| Certain Marijuana Offenses | Specific low-level cannabis convictions are excluded under state reform acts. |
| Older Non-Conviction Records | Under the FCRA, employers cannot report non-conviction records older than seven years. |
| Pardoned Convictions | Convictions where the individual received a formal judicial or executive pardon are shielded. |
Key Laws Protecting Job Applicants with Criminal Records
1. California's Fair Chance Act ("Ban the Box")
Applies to public and private employers with 5 or more employees. Key protections include:
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No Pre-Offer Screening: Employers cannot ask about criminal history on initial job applications or during early interview stages.
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Conditional Offer Requirement: Employers must issue a conditional offer of employment before running a background check.
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Mandatory Individualized Assessment: If a background check reveals a conviction, the employer cannot automatically revoke the job offer. They must evaluate the offense's severity, the time elapsed since the conviction, and its direct relevance to specific job duties.
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Right to Respond: Applicants must receive written notice of a potential revocation and be given 5 business days to submit evidence of rehabilitation or dispute inaccurate record details.
2. Fair Credit Reporting Act (FCRA)
The FCRA regulates third-party background screening agencies nationwide:
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Written Consent: Employers must obtain clear, written permission from the applicant before running a background check.
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Pre-Adverse Action Notice: If an employer considers denying an application based on background check data, they must provide the applicant with a copy of the report and a summary of their legal rights before taking final action.
3. California Investigative Consumer Reporting Agencies Act (ICRAA)
ICRAA establishes stricter state-level reporting rules for consumer reporting agencies:
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Requires explicit written consent for background checks.
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Gives job applicants the right to request a free copy of their background check report by checking a box on the authorization form.
How Expungement Removes Records from Background Checks
The most effective way to prevent past convictions from hindering employment or housing opportunities is to obtain a formal legal expungement (California Penal Code § 1203.4).
When a court grants an expungement:
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The court officially sets aside the guilty plea or verdict, enters a plea of "not guilty," and dismisses the case.
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The conviction is removed from public background check databases.
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Job applicants can legally answer "No" when private employers ask whether they have ever been convicted of a crime (subject to minor exceptions for government positions, law enforcement, and public licensing).
Frequently Asked Questions (FAQs)
Does a misdemeanor show up on a background check?
Yes. Standard background checks show both felony and misdemeanor convictions unless a court has expunged, sealed, or dismissed them. Minor infractions or traffic citations generally do not appear unless tied to a misdemeanor offense such as reckless driving or DUI.
How far back do background checks go in California?
In California, most commercial background checks follow the 7-year rule. Consumer reporting agencies generally cannot report convictions or adverse records that occurred more than seven years ago. However, federal law permits longer lookbacks for specific high-salary positions or federal security clearances.
Can an employer deny employment because of a criminal record?
An employer cannot automatically deny employment based solely on a criminal record. Under California's Fair Chance Act, employers must conduct an individualized assessment showing that the specific conviction directly relates to the job responsibilities and poses an active risk to business operations.
What is the difference between an arrest record and a conviction record?
An arrest record shows that law enforcement detained an individual, but it does not prove guilt. A conviction record means a court formally found the individual guilty or the individual entered a plea of guilty or no contest. Under California law, arrests that did not result in a conviction cannot be used to deny employment or housing.
How do you remove a criminal record from a background check?
You can remove a criminal record from public background check databases by filing a petition for expungement (Penal Code § 1203.4) or record sealing (Penal Code § 851.87) in the court where the conviction occurred. Once a judge approves it, the record is dismissed and updated across state and commercial screening databases.
The best way to secure a favorable outcome is to consult an experienced criminal defense attorney at Esfandi Law Group in Los Angeles. Call us to schedule your free consultation or use the contact form.
