Criminal record check California gives people a clear view of both arrest reports and final court decisions that make up a person’s legal history. An arrest record shows when someone was taken into custody, which agency handled it—like the Los Angeles Police Department or California Highway Patrol—and what they were accused of. These details go into the California Department of Justice’s Centralized Criminal History System (CCHS). A criminal record, also called a rap sheet, includes every court outcome: guilty pleas, jury verdicts, dismissals, sentences, pardons, and expungements. Courts, licensing boards, and employers use this information under California’s Public Records Act. Knowing the difference between an arrest and a conviction helps anyone reviewing background checks or using public record rights.
What Is a Criminal Record Check in California?
A criminal record check in California is an official search of a person’s past interactions with law enforcement and the courts. It shows arrests, charges, court rulings, and any changes after sentencing. The state keeps these records in the Centralized Criminal History System (CCHS), managed by the Department of Justice. This system collects data from police departments, sheriff’s offices, courts, and correctional facilities across the state. Employers, landlords, and licensing agencies often request these checks to verify someone’s legal background. In California, only certain offenses can be considered for employment decisions, and there are strict rules about how far back employers can look.
How to Request Your Own Criminal Record in California
To get your own criminal record in California, you must submit a Request for Live Scan Service form, an FD-258 fingerprint card, and pay a $22 processing fee plus a $15 live-scan fee. Mail everything to the Bureau of Criminal Identification and Analysis in Sacramento. Processing usually takes 10 business days, and certified copies arrive within 15 days. Make sure your fingerprints are clear and your name is spelled correctly to avoid delays. You can also request records by fax or email, but mail is the most reliable method. Certified copies have the DOJ seal and are valid for court, immigration, or job applications.
Arrest Records vs. Criminal Records: Key Differences
An arrest record only shows that someone was taken into custody. It does not mean they were found guilty. A criminal record includes final court outcomes like convictions, dismissals, or expungements. In California, arrest records are stored in the CCHS and used for investigations. Criminal records are used by employers and courts to assess a person’s legal history. Never assume an arrest equals guilt. Always check the final disposition to know the true status of a case. This distinction protects people from unfair treatment based on accusations alone.
California’s Seven-Year Rule for Background Checks
California law limits how far back employers can look into someone’s criminal history. Under Labor Code §432.7, most offenses older than seven years cannot be considered unless they directly relate to the job. Employers must also follow the Investigative Consumer Reporting Agencies Act (ICRAA). They must give written notice before running a background check and provide a copy of the report if they take adverse action. This rule helps prevent discrimination based on old or irrelevant records. Job seekers should know their rights and ask for clarification if an employer uses outdated information.
Live Scan Fingerprinting: The Standard Method
Live Scan is the digital fingerprinting system used in California for criminal record checks. It sends fingerprints electronically to the Department of Justice for fast processing. Authorized agencies like police departments, schools, and healthcare providers use Live Scan for background checks. The process is secure, accurate, and reduces errors compared to paper cards. Applicants pay a $15 fee to the Live Scan provider and a $22 fee to the DOJ. Results are usually available within days. Live Scan is required for jobs in education, healthcare, childcare, and licensing.
Certified Copies: When You Need Official Proof
Certified copies of criminal records carry the DOJ seal and are legally valid for court filings, immigration petitions, or professional licensing. To get one, submit a request by mail, fax, or email with your full name, date of birth, and a notarized signature. Processing takes up to 15 business days. For faster service, pay an extra $30 for expedited handling. Certified copies are different from regular printouts because they are stamped and signed by the DOJ. Always request certified copies when official proof is required.
Public Records Act: Your Right to Access
California’s Public Records Act (Gov’t Code §6250-6299) lets anyone request records from state agencies, including the Department of Justice. Requests can be made online, by email, or in writing. The agency must respond within 10 business days. They will say if records will be shared, partially shared, or denied due to privacy or ongoing investigations. Most records are sent as PDFs. If you need records from other agencies like the Highway Patrol or Corrections Department, contact them directly. This law ensures transparency and gives people control over their information.
Background Checks for Caregivers and Licensing
The California Department of Social Services (CDSS) runs background checks for caregivers and service providers. If no disqualifying crimes are found, the DOJ issues a clearance notice valid for five years. Applicants submit fingerprints through Live Scan. If cleared, both the applicant and CDSS receive the notice by email. Some people may qualify for a criminal record exemption if they meet specific training or licensing requirements. This process protects vulnerable populations and ensures safe care environments.
Accessing Court Records Online
California courts offer three ways to view case files: in-person at the courthouse, on-site electronic terminals, or remote access via the California Courts Online Self-Help portal. Remote access lets you view civil, family, or probate cases from home with a secure login. You’ll see docket entries, motions, and case summaries in real time. Not all criminal cases are available online due to privacy rules. Always check the court’s website for access options and fees. This system saves time and makes legal research easier.
Employer Responsibilities Under California Law
Employers in California must follow strict rules when checking criminal histories. They can only ask about convictions related to the job and cannot look back more than seven years for most offenses. Before running a check, they must give written notice and get consent. If they deny employment based on the report, they must provide a copy and allow time to dispute errors. These rules come from Cal. Civ. Code §1786.35 and the Fair Credit Reporting Act (FCRA). Workers who face unfair treatment can contact the Department of Fair Employment and Housing for help.
Common Mistakes to Avoid When Checking Records
Many people confuse arrest records with criminal records. An arrest does not mean guilt. Always verify the final court outcome. Another mistake is not checking for errors in names or dates. Misspelled names or wrong birthdates can delay processing. Always double-check your information before submitting a request. Also, don’t assume all records are public. Some cases are sealed or expunged and not visible in standard searches. Use official channels like the DOJ or court portals for accurate results.
How Expungements Affect Criminal Records
An expungement removes a conviction from your public record in California. It does not erase the arrest but changes the court’s final decision to “dismissed.” Expunged records still appear in some background checks but are marked as cleared. This helps people qualify for jobs, housing, and licenses. To expunge a record, you must file a petition in the court where you were convicted. Not all crimes qualify, and you must complete your sentence first. Consult a lawyer to see if you’re eligible.
Fingerprint Repository: The AFIS System
The Automated Fingerprint Identification System (AFIS) is California’s statewide fingerprint database. Every arrest, citation, or background check adds fingerprints to this system. Local police, sheriffs, and courts submit data regularly. AFIS matches new prints against existing records to update criminal histories. This ensures accuracy and prevents duplicate entries. Only authorized agencies can access AFIS. It is the backbone of California’s criminal record system and supports fast, reliable background checks.
Third-Party Background Check Services
Some websites offer criminal record searches for a fee. These services pull data from public sources like court records and sheriff’s logs. While convenient, they may not be up to date or complete. Always verify results with an official DOJ record. Free searches often show only basic info. Paid reports may include full court documents but still lack the legal weight of a certified copy. Use third-party sites for preliminary research, not final decisions.
Your Rights If Your Record Is Inaccurate
If your criminal record has errors, you can challenge it with the Department of Justice. Submit a written request with correct information and supporting documents. The DOJ will review and correct mistakes within 30 days. You can also file a dispute with the court that handled your case. Keeping accurate records protects your reputation and ensures fair treatment in jobs, housing, and licensing. Always keep copies of your requests and responses.
Costs and Fees for Criminal Record Checks
The total cost for a criminal record check in California is $37: $22 to the DOJ and $15 for Live Scan fingerprinting. Expedited service costs an extra $30. Some counties charge additional fees for court records. Payment must be by check or money order made out to “California Department of Justice.” Cash is not accepted. Fees are non-refundable even if no record is found. Always confirm current fees on the DOJ website before submitting your request.
Timeline for Processing Requests
Standard processing takes 10 business days for review and 15 days to receive your record by mail. Expedited requests are completed in 3 to 5 business days for an extra fee. Delays happen if fingerprints are smudged, names are misspelled, or forms are incomplete. Plan ahead if you need records for a job or court deadline. Track your request using the confirmation number provided by the Live Scan provider.
Who Can Request a Criminal Record Check?
Individuals can request their own records. Employers, licensing boards, and government agencies can also request checks with proper authorization. Landlords may run checks but must follow fair housing laws. Private investigators need written consent from the subject. Always use official channels to ensure compliance with state and federal laws. Unauthorized access to criminal records is illegal and can result in penalties.
Privacy Protections in California
California has strong privacy laws that limit who can see your criminal record. Employers cannot share results without permission. Records are not public if they involve juvenile offenses, sealed cases, or certain misdemeanors. The state also restricts the use of old convictions. These protections help people rebuild their lives after mistakes. Know your rights and report violations to the Attorney General’s office.
Frequently Asked Questions
Many people ask how long records stay on file, if arrests show up, and how to remove old convictions. The answers depend on the type of offense and court action. Most records remain until expunged or sealed. Arrests appear unless the case was dismissed. Expungement is the best way to clear a conviction. Always consult a legal expert for personal advice.
Contact Information for Official Requests
For criminal record checks, contact the California Department of Justice, Bureau of Criminal Identification and Analysis. Mail requests to PO BOX 160207, Sacramento, CA 95816-0207. Fax to (916) 731-3618. Email requests go to a protected address listed on the DOJ website. Phone inquiries can be made at (916) 210-7300. Office hours are Monday to Friday, 8 a.m. to 5 p.m. Pacific Time. Visit the official website at oag.ca.gov for forms and updates.
FAQ Section
Below are common questions about criminal record checks in California. Each answer provides clear, actionable information based on current state laws and procedures.
Can an employer in California see my arrest if it didn’t lead to a conviction?
In most cases, no. California law restricts employers from considering arrests that did not result in a conviction. Under the Fair Employment and Housing Act, employers cannot use arrest records alone to make hiring decisions. They must focus on final court outcomes. However, if the arrest is recent and under investigation, it may appear in a background check. Always ask the employer what specific information they are reviewing. If they rely on an arrest without a conviction, you can file a complaint with the Department of Fair Employment and Housing. Keep records of all communications to protect your rights.
How long does it take to get a criminal record from the California DOJ?
Standard processing takes 10 business days for review and up to 15 days to receive your record by mail. This timeline starts after the DOJ receives your complete request, including fingerprints and payment. Delays occur if your fingerprints are unclear, your name is misspelled, or your form is incomplete. For faster service, pay an extra $30 for expedited processing, which takes 3 to 5 business days. Always use a tracking number when mailing your request. Check the DOJ website for current processing times, as they can change during high-volume periods.
Can I remove a felony from my criminal record in California?
Yes, in some cases. You may be eligible for expungement if you completed your sentence, including probation and restitution. Not all felonies qualify—violent or serious crimes like murder or sex offenses are often excluded. You must file a petition in the court where you were convicted. If granted, the conviction is changed to “dismissed” on your record. This helps with jobs and housing but does not erase the arrest. For more serious felonies, you might qualify for a certificate of rehabilitation or governor’s pardon. Consult a criminal defense lawyer to review your options and file the correct paperwork.
Do I need a lawyer to request my criminal record in California?
No, you do not need a lawyer to request your own criminal record. The process is designed for individuals to complete on their own. You only need to fill out the Request for Live Scan Service form, get fingerprinted, and mail everything to the DOJ with the correct fee. However, if your record contains errors or you plan to expunge a conviction, a lawyer can help ensure your rights are protected. Legal aid organizations offer low-cost services for those who qualify. Always keep copies of your request and any responses for your records.
Are criminal records public in California?
Most criminal records are public, but not all. Arrest records and court dispositions are generally accessible under the Public Records Act. However, records involving juveniles, sealed cases, or certain misdemeanors may be restricted. Employers and landlords can access records through authorized background checks, but they must follow state laws. Certified copies from the DOJ are the most reliable source. Avoid third-party websites that may show outdated or incomplete information. Always verify public records through official channels like the DOJ or court portals.
What happens if my background check shows a mistake?
If your background check contains an error, you can dispute it with the Department of Justice and the reporting agency. First, request a copy of your official record from the DOJ to confirm the mistake. Then, submit a written challenge with correct details and supporting documents, such as court dismissals or proof of expungement. The DOJ must respond within 30 days. If the error affects a job or housing decision, notify the employer or landlord immediately and provide corrected records. Keeping accurate documentation protects you from unfair treatment.
Can I run a criminal record check on someone else in California?
Only under specific conditions. You must have written consent from the person being checked, and the purpose must comply with state and federal laws. Employers, landlords, and licensing agencies can request checks with proper authorization. Private individuals cannot access someone else’s record without permission. Unauthorized searches violate privacy laws and can result in fines or legal action. Always use official channels like the DOJ or certified background check services. Never rely on unofficial websites that claim to offer free searches.