Can an arrest show up on a California background check?

Only if the arrest is still pending or resulted in a conviction. Under California Labor Code § 432.7, arrests that did not result in conviction cannot be reported on a background check and employers cannot ask about or consider them. This is one of the strongest arrest record protections in the country.

What is California's Fair Chance Act and how does it protect me?

The Fair Chance Act (AB 1008) prohibits employers with 5 or more employees from asking about your criminal history before making a conditional job offer. After the offer, if the employer wants to deny you based on a conviction, they must: (1) conduct an individualized assessment considering the offense, time passed, and job relevance; (2) give you written notice of their preliminary decision; (3) give you at least 5 business days to respond; and (4) consider your response before making a final decision. This process gives you a fair chance to explain your circumstances and demonstrate your qualifications.

What does California's Clean Slate law (SB 731) do?

SB 731 (effective July 1, 2023) automatically seals most felony and misdemeanor convictions 4 years after you complete your sentence (including probation and parole), as long as you have not been convicted of a new felony. Sealed records should not appear on most background checks. Excluded offenses include sex crimes requiring registration, and serious or violent felonies. The California DOJ processes this automatically — you do not need to file a petition, though you can petition if your record hasn't been processed yet.

Does the $75,000 salary threshold affect me?

Yes, it can. California's 7-year lookback limit on convictions applies to positions paying less than $75,000 per year. If you are applying for a position that pays $75,000 or more, convictions older than 7 years may still be reported. However, the Clean Slate law (SB 731) provides an additional layer of protection — if your conviction has been automatically sealed, it should not appear regardless of the salary. The Fair Chance Act's protections (individualized assessment, adverse action process) also apply regardless of salary.

What convictions are excluded from California's Clean Slate law?

SB 731 excludes: (1) offenses requiring sex offender registration under Penal Code § 290; (2) serious felonies as defined in PC § 1192.7(c), including murder, robbery, and certain assault charges; and (3) violent felonies as defined in PC § 667.5(c). If your conviction falls into one of these categories, it will not be automatically sealed, though other forms of relief (such as a Certificate of Rehabilitation or Governor's pardon) may be available.

Can a California employer run a background check without my permission?

No. Under both federal (FCRA) and California law (ICRAA), employers must obtain your written consent before running a background check through a consumer reporting agency. If they decide not to hire you based on the results, they must follow the adverse action process — providing you with a copy of the report, a notice of your rights, and an opportunity to dispute any inaccuracies.

I completed my sentence years ago — how do I know if my record has been sealed under SB 731?

The California DOJ is processing records on a rolling basis. You can check your record status by requesting a copy of your state criminal history from the California DOJ (known as a "RAP sheet" or live scan). If your record has been sealed, it should reflect that status. If you believe you are eligible but your record has not yet been processed, you can file a petition with the court to request relief. Legal aid organizations across California can help you with this process at no cost.

California Background Check Laws

7-year lookback limitLast updated: 2026-04-01

In California, most criminal convictions cannot be reported on a background check after 7 years if the position pays under $75,000/year. Arrests that did not lead to conviction cannot be reported at all. California's Clean Slate law (SB 731) also automatically seals many convictions 4 years after sentence completion.

Overview

California has some of the strongest background check protections in the country, offering meaningful second-chance opportunities for people with criminal records. Under Cal. Civ. Code § 1786.18(a)(7) and the California Investigative Consumer Reporting Agencies Act (ICRAA), most criminal convictions cannot be reported on a background check if they are more than seven years old — provided the position pays less than $75,000 per year. For positions paying $75,000 or more, convictions may be reported beyond seven years. Crucially, arrests that did not result in conviction are prohibited from being reported at any time, regardless of how recent they are. California's Fair Chance Act (AB 1008, effective January 1, 2018) is one of the strongest ban-the-box laws in the nation. It covers all private and public employers with five or more employees, prohibiting criminal history inquiries until after a conditional offer of employment has been made. If an employer intends to deny employment based on a conviction, they must conduct an individualized assessment considering the nature of the offense, how much time has passed, and the nature of the job. The employer must then provide notice and an opportunity to respond before making a final decision. California's Clean Slate law (SB 731, effective July 1, 2023) represents a landmark step forward. It provides automatic sealing of most felony and misdemeanor convictions four years after completion of the sentence, as long as the individual has not been convicted of a new felony during that time. Excluded offenses include registrable sex offenses, serious and violent felonies as defined in Penal Code §§ 667.5(c) and 1192.7(c), and offenses requiring sex offender registration. Once sealed, these records should not appear on most background checks, giving millions of Californians a genuine opportunity for a clean slate.

How Far Back Does a Background Check Go in California?

Record Type	Rule in California
Felony Convictions	Subject to the 7-year lookback limit for positions under $75K salary. Many felonies are also eligible for automatic sealing under SB 731 after 4 years from sentence completion, excluding serious/violent felonies and sex offenses.
Misdemeanor Convictions	Subject to the same 7-year lookback limit. Most misdemeanors are eligible for automatic sealing under SB 731 after 4 years from sentence completion.
All Convictions	7-year lookback limit for positions paying under $75,000/year (Cal. Civ. Code § 1786.18(a)(7)). Convictions older than 7 years cannot be reported on the background check for these positions. For positions paying $75,000+, convictions may be reported beyond 7 years.
Arrests (No Conviction)	Arrests that did not lead to conviction are PROHIBITED from being reported on a background check at any time under California law (Cal. Labor Code § 432.7). This is a stronger protection than the federal FCRA's 7-year limit.
Pending Cases	Pending criminal cases CAN be reported on a background check regardless of age. An open/pending case is not subject to the 7-year lookback limit.
Salary Threshold	$75,000

Ban the Box / Fair Chance

Yes — covers private employers

California's Fair Chance Act (AB 1008, effective January 1, 2018) is one of the strongest ban-the-box laws in the country. It applies to all public and private employers with 5 or more employees. Key provisions: (1) Employers CANNOT ask about criminal history on job applications or before making a conditional offer of employment. (2) After a conditional offer, employers can run a background check but must conduct an individualized assessment before any adverse action. (3) The individualized assessment must consider: the nature and gravity of the offense, how much time has passed since the offense or completion of sentence, and the nature of the job held or sought. (4) If the employer preliminarily decides to deny employment based on conviction history, they must provide written notice, a copy of the background check report, and at least 5 business days to respond. (5) After considering any response, the employer must provide a final written decision if they still decide not to hire.

Effective: 2018-01-01

Clean Slate / Auto-Sealing

Yes — automatic sealing

California's Clean Slate law (SB 731, effective July 1, 2023) provides automatic conviction record relief for eligible offenses. Key provisions: (1) Most felony and misdemeanor convictions are automatically sealed 4 years after the individual completes their sentence (including probation/parole), as long as they have not been convicted of a new felony during that period. (2) Excluded offenses: registrable sex offenses under Penal Code § 290, serious felonies under PC § 1192.7(c), and violent felonies under PC § 667.5(c). (3) The California Department of Justice (DOJ) reviews records on a rolling basis and grants relief automatically — individuals do not need to file a petition. (4) Once relief is granted, the conviction is sealed and should not appear on most background checks. (5) Individuals can also petition for relief if the automatic process has not yet reached their record. This law builds on earlier reforms including AB 1076 (2019) which automated dismissal relief for eligible misdemeanor and felony convictions.

Effective: 2023-07-01

What Employers Can Do in California

When can employers ask about criminal history?: Employers with 5+ employees CANNOT ask about criminal history until after making a conditional offer of employment. This applies to job applications, interviews, and any pre-offer stage. After the conditional offer, the employer can inquire about and consider conviction history (but not arrests without conviction).
What can they consider?: After a conditional offer, employers can consider conviction history but must conduct an individualized assessment weighing: (1) the nature and gravity of the offense or conduct, (2) the time that has passed since the offense or completion of sentence, and (3) the nature of the job held or sought. Employers CANNOT consider: arrests not resulting in conviction, participation in diversion programs, dismissed or sealed convictions, or juvenile records. If the employer intends to deny employment based on conviction history, they must follow a two-step adverse action process with written notices and an opportunity for the applicant to respond.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in California

California Fair Chance Act (AB 1008)(2018)
Comprehensive ban-the-box law covering all employers with 5+ employees. Prohibits criminal history inquiry before conditional offer, requires individualized assessment, and mandates a two-step adverse action process. One of the strongest employment protections for people with records in the U.S.
Clean Slate Act (SB 731)(2023)
Provides automatic sealing of most felony and misdemeanor convictions 4 years after sentence completion. Excludes serious/violent felonies and sex offenses. The California DOJ reviews and processes records automatically without requiring a petition.
California Investigative Consumer Reporting Agencies Act (ICRAA) — Cal. Civ. Code § 1786.18
Limits the reporting of criminal convictions to 7 years for employment screening when the position pays less than $75,000/year. Works alongside the FCRA to provide stronger state-level protections.
California Labor Code § 432.7
Prohibits employers from asking about or considering arrests that did not result in conviction, participation in diversion programs, sealed records, and certain marijuana convictions. Provides broad protection against the use of non-conviction records in employment.
AB 1076 — Automated Record Clearance(2019)
Established automated conviction dismissal relief for eligible offenses, building the infrastructure for the later Clean Slate Act (SB 731). Requires the DOJ to automatically grant relief for eligible misdemeanor and felony convictions.
Fair Credit Reporting Act (FCRA)(1970)
Federal law that provides baseline protections. California's state laws are generally stricter than the FCRA, so the state protections take precedence where they offer greater protection.

Frequently Asked Questions — California

How far back does a background check go in California?: In California, most criminal convictions cannot be reported on a background check after 7 years, as long as the job pays less than $75,000 per year. For jobs paying $75,000 or more, convictions may be reported beyond 7 years. Arrests that did not lead to conviction cannot be reported at all, regardless of when they occurred. Additionally, California's Clean Slate law (SB 731) automatically seals many convictions 4 years after sentence completion, removing them from background checks entirely.
Can an arrest show up on a California background check?: Only if the arrest is still pending or resulted in a conviction. Under California Labor Code § 432.7, arrests that did not result in conviction cannot be reported on a background check and employers cannot ask about or consider them. This is one of the strongest arrest record protections in the country.
What is California's Fair Chance Act and how does it protect me?: The Fair Chance Act (AB 1008) prohibits employers with 5 or more employees from asking about your criminal history before making a conditional job offer. After the offer, if the employer wants to deny you based on a conviction, they must: (1) conduct an individualized assessment considering the offense, time passed, and job relevance; (2) give you written notice of their preliminary decision; (3) give you at least 5 business days to respond; and (4) consider your response before making a final decision. This process gives you a fair chance to explain your circumstances and demonstrate your qualifications.
What does California's Clean Slate law (SB 731) do?: SB 731 (effective July 1, 2023) automatically seals most felony and misdemeanor convictions 4 years after you complete your sentence (including probation and parole), as long as you have not been convicted of a new felony. Sealed records should not appear on most background checks. Excluded offenses include sex crimes requiring registration, and serious or violent felonies. The California DOJ processes this automatically — you do not need to file a petition, though you can petition if your record hasn't been processed yet.
Does the $75,000 salary threshold affect me?: Yes, it can. California's 7-year lookback limit on convictions applies to positions paying less than $75,000 per year. If you are applying for a position that pays $75,000 or more, convictions older than 7 years may still be reported. However, the Clean Slate law (SB 731) provides an additional layer of protection — if your conviction has been automatically sealed, it should not appear regardless of the salary. The Fair Chance Act's protections (individualized assessment, adverse action process) also apply regardless of salary.
What convictions are excluded from California's Clean Slate law?: SB 731 excludes: (1) offenses requiring sex offender registration under Penal Code § 290; (2) serious felonies as defined in PC § 1192.7(c), including murder, robbery, and certain assault charges; and (3) violent felonies as defined in PC § 667.5(c). If your conviction falls into one of these categories, it will not be automatically sealed, though other forms of relief (such as a Certificate of Rehabilitation or Governor's pardon) may be available.
Can a California employer run a background check without my permission?: No. Under both federal (FCRA) and California law (ICRAA), employers must obtain your written consent before running a background check through a consumer reporting agency. If they decide not to hire you based on the results, they must follow the adverse action process — providing you with a copy of the report, a notice of your rights, and an opportunity to dispute any inaccuracies.
I completed my sentence years ago — how do I know if my record has been sealed under SB 731?: The California DOJ is processing records on a rolling basis. You can check your record status by requesting a copy of your state criminal history from the California DOJ (known as a "RAP sheet" or live scan). If your record has been sealed, it should reflect that status. If you believe you are eligible but your record has not yet been processed, you can file a petition with the court to request relief. Legal aid organizations across California can help you with this process at no cost.

California Resources

California Department of Justice — Record Clearance
Official resource for requesting your California criminal history record (RAP sheet) and information about automatic record relief under SB 731.
California Civil Rights Department (CRD) — Fair Chance Act
Information about your rights under the Fair Chance Act (AB 1008), including how to file a complaint if an employer violates the law.
Root & Rebound
California-based nonprofit providing free legal resources, a reentry helpline, and a comprehensive Roadmap to Reentry guide for people with criminal records.
Legal Aid at Work — Criminal Records
Free legal assistance and resources for California workers facing employment barriers due to criminal records.
California Courts — Expungement/Record Clearing Self-Help
Self-help resources from the California court system for clearing your criminal record, including forms and step-by-step instructions.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in California for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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