Does Expungement Show on a Background Check in California?

Does an expungement show on a background check in California? The short answer is that it depends on the type of check. Most private employers generally should not see or use a conviction dismissed under Penal Code section 1203.4. However, fingerprint (Live Scan) checks for certain jobs and licenses can still show it. If a background check has already caught you off guard, you are not alone. You may also have more rights than you realize. If you’d like me to look at your situation, call (408) 417-0477 or request a free consultation.

Reviewed by Allison Cole, Attorney | Last updated: October 28, 2026

Below I explain what different checks can show, what you can say on a job application, and what you can do if a dismissed case appears.

What a California Expungement Actually Does

In California, “expungement” usually means a dismissal under Penal Code section 1203.4 or a related section, such as 1203.4a or 1203.41. Under 1203.4, the court lets you withdraw your guilty or no contest plea (or sets aside a guilty verdict) and dismisses the case. You are then released from most “penalties and disabilities” of the conviction.

What a dismissal does not do is erase the record. Your state and FBI criminal history will still list the conviction, with the dismissal added. That is why the answer to any expungement background check question depends on who is checking and why.

The statute also keeps some limits in place:

• A 1203.4 dismissal does not restore firearm rights.
• The conviction can still be used against you in a later prosecution.
• You must still disclose it in response to a direct question on an application for public office, for licensure by a state or local agency, or for a contract with the California State Lottery Commission.

Expungement Background Check Rules: Private Checks vs. Live Scan

A private background check by a screening company

Many employers hire a private screening company to run a background report. For private jobs, the Alameda County Public Defender’s Clean Slate fact sheet says that, with certain exceptions, your California background report should not include dismissed convictions. The same goes for arrests that did not lead to a conviction, successful diversion, and convictions more than seven years old.

Several laws support that protection:

• Employers can’t use dismissed convictions. Under Labor Code section 432.7, public and private employers generally may not ask about, seek from any source, or use a conviction that was judicially dismissed or sealed. That includes dismissals under PC 1203.4, 1203.4a, 1203.425, and 1203.45.
• Courts limit disclosure. Under PC 1203.425(a)(3)(A), courts generally may not disclose a conviction dismissed under 1203.4, 1203.4a, 1203.41, or 1203.42 to anyone except you or a criminal justice agency.
• The Fair Chance Act bars covered employers from considering dismissed or expunged convictions during a conviction history check (more on this below).

Even so, a screening company’s report is not always right. Some companies still report dismissed cases, for example from older data. If that happens, you have options, which I cover below.

Live Scan and California DOJ fingerprint checks

Fingerprint-based checks work differently. They go through the California Department of Justice (DOJ). The DOJ releases criminal history for jobs and licenses only as Penal Code section 11105 allows. For many authorized employers and licensing agencies, the DOJ’s response leaves out a conviction dismissed under 1203.4.

However, the law makes several important exceptions. These requesters can still receive a dismissed conviction:

• agencies hiring peace officers;
• criminal justice agencies, for their own employees;
• schools, county offices of education, and the Commission on Teacher Credentialing;
• licensing for community care, residential care, and child day care facilities;
• certain in-home care and caregiver screenings; and
• some financial services licensing.

So a Live Scan for a teaching credential or a police job may still show the conviction and the dismissal. That doesn’t mean the dismissal was wasted. It may still help, but it is not invisible.

How to see what the DOJ has on file

Before you apply for a job or license that requires Live Scan, it can help to see your own record first. The DOJ lets you request a copy of your own criminal history through a “Record Review” Live Scan. The DOJ charges a $25 processing fee, and you may qualify for a fee waiver. If the record is wrong or incomplete, the DOJ has a form for challenging it.

At a Glance: What an Expungement Background Check May Show

This is a general overview. Exceptions exist, and your specific job, license, and record matter.

Type of check	What it may show	Key rule
Private employer, through a screening company	Generally should not report or rely on the dismissed conviction	Labor Code 432.7; Gov. Code 12952
Employer required by law to screen for certain convictions	May be able to ask about or obtain information on that particular conviction	Labor Code 432.7(m)–(n)
Live Scan for most authorized employers and licenses	Generally leaves out the dismissed conviction	PC 11105(p)
Live Scan for schools, peace officers, care facilities, and some financial licenses	May show the conviction with the dismissal	PC 11105(k)–(p)
State or local license, public office, State Lottery contract	You must disclose it if directly asked	PC 1203.4(a)(1)
Peace officer or criminal justice agency jobs	Labor Code 432.7 protections do not apply	Labor Code 432.7(e)

Can I Say “No Convictions” on a Job Application?

For many private jobs, often yes. The Alameda County Public Defender advises that once all of your convictions have been dismissed under PC 1203.4 or a similar section, you may state that you have “no convictions” on a private job application. Similarly, the San Diego County Public Defender says a dismissal lets you answer “not convicted” on many, but not all, job applications.

There are important exceptions, though. You should generally disclose the conviction, and note that it was dismissed, when applying:

• for a government job, or a job that requires a government-issued license, certificate, or permit;
• for public office, or to contract with the California State Lottery Commission;
• to be a peace officer, or for certain positions with the DOJ or other criminal justice agencies; or
• for a job where an employer must screen for a particular conviction by law, or where the law bars people with that conviction from the position.

Every application question is worded differently. If you’re unsure how to answer one, it’s worth asking an attorney before you submit it.

The Fair Chance Act: When Employers Can Ask

California’s Fair Chance Act, Government Code section 12952, applies to employers with five or more employees. In general, these employers may not ask about conviction history until after a conditional job offer. Even then, they may not consider convictions that were sealed, dismissed, or expunged.

What if an employer plans to withdraw an offer because of conviction history? First, the law requires an individualized assessment. The employer must then send you written notice with a copy of any report it used. After that, you get at least five business days to respond, including with evidence that the report is wrong.

The Fair Chance Act has exceptions, too. For example, it does not cover criminal justice agencies or jobs where the law requires a background check. The California Civil Rights Department enforces the law and publishes guidance for applicants.

The 7-Year Background Check Rule for Old Records

Two different reporting limits can apply, and they treat convictions differently:

• California law: Under Civil Code section 1786.18, part of the Investigative Consumer Reporting Agencies Act (ICRAA), these reports generally may not include arrests or convictions more than seven years old. The seven years run from the date of disposition, release, or parole. Arrests that did not lead to a conviction also may not be reported, unless judgment is still pending. There are narrow exceptions, such as when a government regulatory agency explicitly requires an employer to check for those records.
• Federal law: Under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, arrest records generally can’t be reported after seven years (or the statute of limitations, if longer). Convictions are not covered by that federal time limit. In addition, the federal limits don’t apply to jobs paying $75,000 or more a year.

Because the California rule can be more protective than the federal rule, it can matter which law governs a particular report. This is one of many areas where the details of your situation count.

What If an Expungement Shows Up on a Background Check Anyway?

It can be upsetting when a case you thought was behind you shows up on a report, especially if it costs you a job offer. Please know that you have options.

Your rights if a dismissed case appears

• You can dispute inaccurate or incomplete reporting. Under the FCRA (15 U.S.C. § 1681i) and the ICRAA (Civil Code 1786.24), a background check company generally must reinvestigate your dispute free of charge. It must then fix or delete information that is inaccurate, incomplete, or can’t be verified.
• You can respond to the employer. Under the Fair Chance Act, you can respond to a preliminary decision before it becomes final.
• Labor Code 432.7 provides remedies if an employer improperly seeks or uses a dismissed conviction.

Practical next steps

1. Get a copy of the report the employer used.
2. Gather your court paperwork showing the dismissal.
3. Dispute the entry with the background check company in writing.
4. Tell the employer, in writing, that you are disputing the report.

How to approach a dispute, and whether other legal claims may be available, depends on what was reported, by whom, and for what job. An attorney can review the report and your court records, then help you decide on the right next step.

If a case on your record hasn’t been dismissed yet, I can also evaluate whether you’re eligible for expungement, record sealing, or felony reduction. You may also want to check whether California’s automatic relief already applied to you. For that, see my guide to the California Clean Slate Act.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Frequently Asked Questions

Does expungement show on a background check in California?

It depends on the check. Most private employers generally should not see or use a conviction dismissed under PC 1203.4. However, Live Scan checks for certain jobs and licenses, such as schools, peace officers, and care facilities, may still show the conviction with a note that it was dismissed.

Will a 1203.4 dismissal show up on a Live Scan?

It may. A dismissal does not remove the conviction from your DOJ record; it adds a note that the case was dismissed. Most authorized employers do not receive dismissed convictions. However, schools, peace officer employers, care facility licensing, and a few others still may. Private screening companies don’t access DOJ records.

Can I legally say I have no convictions?

For many private jobs, generally yes, once all your convictions have been dismissed. Exceptions include government jobs, state or local license applications, public office, peace officer jobs, and positions where the law requires screening for a particular conviction. When unsure, an attorney can help you answer a specific question accurately.

Can an employer use an expungement found on a background check?

Generally, no. California employers generally may not seek or use a conviction dismissed under PC 1203.4, and employers with five or more employees can’t ask about convictions before a conditional offer. Exceptions exist for peace officer and criminal justice jobs and for employers required by law to screen for certain convictions.

What can I do if a dismissed case appears on my background check?

You generally have the right to dispute inaccurate or incomplete information with the background check company under federal and California law. If an employer plans to withdraw an offer, the Fair Chance Act gives you time to respond. An attorney can review the report and help you choose the right approach.

How can I see what is on my California criminal record?

You can ask the California DOJ for a copy of your own record through a “Record Review” Live Scan. The DOJ charges a $25 processing fee, and a fee waiver may be available. Reviewing your record first shows you what an authorized agency could see and whether anything needs correcting.

Talk With Me About Your Record

A background check shouldn’t define your future, and you don’t have to sort out these rules alone. Will your expungement show on a background check for the job or license you want? The answer depends on your record and your goals. I’m glad to review your situation with care and explain your options in plain language.

Call the Law Office of Allison Cole at (408) 417-0477 or request a free consultation. Let’s talk about where you stand and the next step toward a fresh start.

Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change, and outcomes depend on the specific facts of each case. Please consult an attorney about your situation.