If you have an old felony conviction on your record in California, you might wonder if it will still appear on background checks.

The short answer is yes, a felony stays on your record unless you take action to remove it.

In California, criminal convictions don’t disappear on their own. However, there are exceptions and legal remedies that can prevent an old felony from showing up when someone (like an employer or landlord) checks your background.

In this short guide, we’ll break down how long felonies remain on your record, when they might show up on background checks, and what you can do to clear your record.

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How long does a felony stay on your record in California?

In California, a felony conviction stays on your criminal record forever if you do nothing to clear it.

Unlike a credit report item that drops off after a number of years, a criminal conviction doesn’t automatically expire. California law does not offer automatic expiration of adult felony records after a set time (although recent “Clean Slate” laws provide automatic relief for some convictions – more on that later). Essentially, a felony will remain part of your public criminal history unless you proactively seek relief through the courts.

Having a felony on your record can create serious obstacles in your life until it’s removed. It can affect employment opportunities, housing, professional licensing, education, and more.

For example, potential employers or landlords might find the conviction and discriminate against you because of your criminal background.

Many Californians with old convictions face stigma and practical barriers long after they’ve served their time. The good news is that California offers ways to reduce the impact of a criminal record – even if true “erasure” (permanent deletion) isn’t available, you can often clean your record so that most people won’t see the conviction.

The 7-year rule for background checks in California

You may have heard of a “seven-year rule” for background checks.

In California employment background checks, there is indeed a limit on reporting older convictions. Most employers’ background checks only go back seven years for criminal convictions. California law generally prohibits employers from accessing or considering convictions older than seven years when using third-party background check companies.

For example, if you were convicted of a felony ten years ago and haven’t had any new criminal convictions, a typical private employer’s background check should not show that old felony.

However, there are important caveats:

Exceptions – Some positions are exempt from the seven-year limit. For instance, jobs with certain salary thresholds or roles in law enforcement or other sensitive industries may legally review your full record beyond seven years. Additionally, if an employer runs a fingerprint-based Live Scan background check (common for government jobs, schools, hospitals, and law enforcement), the report might include your entire record. Even then, California’s labor laws generally forbid employers from considering expunged or sealed convictions in hiring decisions.
Public Records – Even if a background check company doesn’t report an old felony, the record might still be accessible in public court records if it hasn’t been cleared. Savvy landlords or others could potentially find it by searching court files. In other words, the seven-year rule limits what consumer reporting agencies can provide to employers, but it doesn’t wipe the conviction from the record.

In summary, an old felony can still show up on a background check if you haven’t cleared it.

Standard employment checks in California won’t list convictions older than 7 years, but law enforcement or certain high-security checks will see everything, and public records will still show the case.

The safest way to make sure an old felony won’t appear is to formally clear it from your record through one of California’s legal relief mechanisms.

Clearing a felony from your record in California: What are your options?

Thankfully, California law provides several post-conviction relief options to help people clear felonies from their record or reduce their impact.

The main avenues are expungement (a dismissal of the conviction), a Certificate of Rehabilitation, and a Governor’s Pardon. Each option has different requirements and effects. Let’s explore each in plain language.

Expungement (Felony Dismissal) in California

Expungement is the most common way to clean a criminal record in California. Technically, California doesn’t offer true “expungement” (complete erasure of the record) in the way some other states do. Instead, California has a process under Penal Code § 1203.4 that lets you petition the court to dismiss a conviction after you’ve successfully completed your sentence.

When people say “expunge a felony,” they usually mean this dismissal process.

How expungement works: You file a Petition for Dismissal in the court where you were convicted. If the court grants it, your guilty verdict or plea is set aside and a dismissal is entered. In effect, the court updates the record to show the case was dismissed (it will often show as “dismissed in the interests of justice” or “dismissed pursuant to PC 1203.4”). You are then released from “all penalties and disabilities” resulting from the conviction.

What an expungement does: For most purposes, an expunged felony is considered off your record. The conviction will no longer show up on normal background checks by private employers or landlords.

In fact, California law forbids employers from asking about or using expunged convictions when making hiring decisions. You can legally answer “No” if asked whether you have been convicted of that crime on most job applications. This offers a huge benefit in job hunting, housing, and other opportunities – the expunged felony should not hold you back the way a visible conviction would.

It’s important to note that expungement does not literally erase the court record. The case file still exists, and law enforcement or immigration authorities will still see the conviction history. Also, if you apply for certain government jobs or licenses (like a state professional license or a position in law enforcement), you may be required to disclose the conviction even if it’s expunged – though you can note that it was dismissed by the court. Expungement also does not restore gun rights or remove sex offender registration requirements if those applied to your case. In short, expungement is a powerful tool for cleaning your public record and improving your prospects, but it isn’t a total deletion of history.

Who is eligible for expungement?

California’s expungement law traditionally applied to people who did not serve state prison time for their felony.

Typically, if you were convicted of a felony and completed probation (or jail and probation), you could petition for expungement. If you served a state prison sentence, you were not eligible – however, recent changes in law (like 2023’s SB 731) have expanded record clearance to many more situations. Now, even people with some state prison felonies may petition to seal their record once they’ve finished all terms of their sentence and remained crime-free for a period. The primary exceptions are serious sex offenses and a few other categories that cannot be cleared (for example, certain violent or sexual felonies are ineligible for expungement).

To know if you qualify, it’s best to consult a lawyer or the court’s self-help resources. Generally, if you completed all conditions of your sentence, are not currently in trouble, and your offense is not one of the prohibited ones, you have a good chance at expungement. Keep in mind that even if you violated probation or had issues, the court can still grant expungement in the interest of justice, so it’s worth pursuing.

Process and timeline: The expungement process involves filing paperwork (a petition and often a proposed order) in the correct court. In Los Angeles County, for example, you would file in the L.A. Superior Court (usually at the courthouse where you were convicted). The court may set a hearing or may grant the petition without one, depending on the case. The district attorney or prosecutor can object to your petition, especially if you had subsequent offenses, but if you’ve been law-abiding and meet the criteria, objections are rare.

From start to finish, expunging a felony in California typically takes a few months.

On average it might take about 90 to 120 days for the court to process and approve an expungement. Some courts (and older cases) can take longer, especially if records are archived or if the court is busy. In Los Angeles, where the court system is large and backlogged, it’s not unusual for an expungement to take 3-4 months or more.

For instance, Los Angeles courthouses vary in speed – one report noted that some L.A. area courts can turn around recent expungement cases in 6-8 weeks, while older cases or busy courts may take several months. Be prepared to wait a few months for the order to be signed. Once granted, the court will update its records and notify the California Department of Justice, which in turn updates the state criminal record and background check databases.

Example: Suppose you were convicted of a felony in Los Angeles 10 years ago, completed probation, and haven’t reoffended. If you do nothing, that felony stays on your record forever and could be found by anyone checking court files.

It might not show up on a basic employment check after 10 years due to the seven-year rule, but you don’t want to rely on that. By petitioning for expungement, you can get the case dismissed. Then, when an employer runs a background check, the conviction will not appear – the court is required to block the case from public view and from background check companies after it’s dismissed. You can confidently apply to jobs without the old felony dragging you down.

This is why expungement is usually the first and best option to explore.

Certificate of Rehabilitation: Going a Step Further

What if your felony isn’t eligible for a simple expungement? Or what if you want additional assurance and benefits beyond a dismissal? This is where a Certificate of Rehabilitation comes in. A Certificate of Rehabilitation (COR) is a court order that declares you have been rehabilitated after a conviction. It’s typically used by people who served a state prison sentence or others who cannot get an expungement, or as a stepping stone toward a pardon.

In California, a Certificate of Rehabilitation does not erase the conviction or seal your record.

Instead, think of it as an official stamp of approval from the court saying you’re now a law-abiding, rehabilitated member of society. It can provide several benefits. For one, a Certificate of Rehabilitation automatically becomes an application for a Governor’s Pardon – the court’s recommendation is forwarded to the Governor’s office as a pardon request.

The certificate can also help with professional licensing and employment opportunities; some state licensing boards view a COR favorably, and it may relieve certain licensing restrictions. Additionally, if you are a registered sex offender, a Certificate of Rehabilitation can, in some cases, relieve you of the duty to register (for certain offenses).

However, because a Certificate of Rehabilitation doesn’t hide your conviction from view, it does not give you the right to omit the conviction on job applications. Unlike an expungement, the conviction remains on record (albeit with a note that you were rehabilitated). It’s more of a symbol and legal recognition of your turnaround, rather than a cleaning of the record. It’s most useful for those seeking pardons or those whose offenses aren’t clearable through expungement.

Who should pursue a Certificate of Rehabilitation?

This option is mainly for people who served prison time or otherwise aren’t eligible for expungement under Penal Code 1203.4. Common candidates include individuals with older felony convictions that resulted in state prison, or those with certain misdemeanor sex offenses. To qualify, you generally need to:

Have resided in California for a continuous period (typically 5 years prior to applying, plus additional years after discharge from custody depending on the offense).
Be off parole/probation and not incarcerated for any new offense.
Show that you have been rehabilitated, usually evidenced by a substantial time period with no new crimes (the required rehabilitation period varies by offense, often between 7 to 10 years after release).

There are detailed eligibility rules – for example, people with only misdemeanors (except certain sex offenses) don’t need a COR, and some very serious crimes (like certain sexual offenses or life prisoners) are not eligible. It’s wise to have an attorney review your case to see if you meet the criteria.

Process: Applying for a Certificate of Rehabilitation is a bit more involved than an expungement. You must file a petition in the superior court of the county where you live (or where you were convicted).

In Los Angeles County, for instance, you file in L.A. Superior Court and there is no filing fee for a COR petition. The court will schedule a hearing in front of a judge. You will usually need to present evidence of your rehabilitation – letters of reference, proof of employment or community service, etc., can be helpful. The District Attorney may oppose or support your petition. It’s essentially asking the court to find that you’re an upright citizen now.

Because this process is more complex, the timeline can be longer. From the time you file to the hearing and decision, it could take several months, even up to a year in some cases. The investigation by probation or the DA (in some counties) and scheduling of hearings contributes to this.

It’s not a quick fix, but it can be very rewarding in the end. In fact, Los Angeles County provides assistance through the Public Defender’s office for Certificate of Rehabilitation applicants, given the complexity – you have the right to seek help from a public defender for a COR if you cannot afford an attorney. Many people do hire private attorneys for personalized guidance, as a strong presentation can make a difference in convincing the judge.

If the court grants your Certificate of Rehabilitation, you essentially walk out with a court order stating you’re rehabilitated.

Some rights are restored – for example, it restores some civil rights of citizenship that were forfeited due to the conviction (though it does not restore gun rights or allow you to say “no conviction” on job apps by itself). Importantly, the court will forward the certificate as an application for a pardon to the Governor. You’ll also receive a signed certificate you can show to potential employers or licensing boards as needed to demonstrate the court’s endorsement of your rehabilitation.

Governor’s Pardon: The Ultimate Relief

A Governor’s Pardon is the highest level of relief for a criminal conviction in California. When the Governor issues a pardon, it is an official forgiveness of your crime. A pardon can restore many rights, including gun rights in some cases (if it specifically says so), and it serves as the state’s recognition that you have paid your debt to society and shown exemplary behavior since.

For many people with an old felony, especially those that cannot be expunged, a pardon is the only way to fully rehabilitate their legal status. In California, you typically need to obtain a Certificate of Rehabilitation from a court before you can be considered for a pardon (if you still live in California). The Certificate of Rehabilitation, as mentioned, automatically triggers a pardon application on your behalf. If you live outside California or don’t qualify for a certificate, you can apply directly to the Governor with a pardon application, but that is less common.

What a pardon does: A pardon does not seal or erase the conviction from your record, but it does add a note that you were pardoned. It often restores certain rights such as the right to serve on a jury, the right to possess firearms (except in specific cases like convictions involving firearms), and the right to hold certain jobs or licenses that a felon normally couldn’t. It also officially states that you have demonstrated rehabilitation. A pardoned conviction is still visible on background checks, but a employer or official will also see that the highest authority in the state has pardoned you – which can go a long way in mitigating the negative effect.

How to get a pardon

After obtaining a Certificate of Rehabilitation (if eligible), the process is largely out of your hands – the Board of Parole Hearings and Governor’s office will review your case. They may conduct an investigation. There is no guarantee of a pardon; governors typically grant them sparingly and often only for those who have shown many years of upstanding behavior. The timeline for a pardon decision can be quite long (several months to a year or more). It’s a bit of a waiting game. In recent years, California governors have issued a number of pardons around holidays or at the end of the year, often to people with decades-old convictions who have turned their lives around.

While a pardon is hard to come by, don’t be discouraged – if you qualify, it’s absolutely worth pursuing, especially if a felony record is preventing you from achieving certain goals (like a career in a field that bars felons, or just for personal closure). Even applying for one, via a Certificate of Rehabilitation, can be a positive journey in demonstrating your rehabilitation.

Los Angeles Insights: Clearing felony records in L.A. County

Los Angeles, being the largest county in California, has some unique considerations for clearing felonies:

High Volume of Cases – L.A. County handles a huge number of expungement and record-clearing petitions. This means the process can be slower than in less populated counties. Expungement petitions in Los Angeles often take a few months to be resolved, sometimes longer if the court calendar is busy. It’s wise to file as soon as you’re eligible and be patient (or have your attorney follow up) as the court works through cases.
Court Procedure – In Los Angeles Superior Court, expungements (petitions for dismissal) may be reviewed by a judge without a hearing unless there’s an objection or a complication. If you had multiple cases or an older conviction, sometimes the court sets a hearing. Be prepared for that possibility, although many expungements are granted without you ever having to appear in court, especially if you have an attorney handling it.
Local Programs – Los Angeles County has shown support for clearing records, especially for old minor convictions. For example, in 2020 the L.A. County District Attorney’s Office took the initiative to dismiss about 66,000 marijuana convictions (felonies and misdemeanors) dating back decades, to comply with legalization and give people a fresh start. This erased felony records for over 20,000 people in one sweep. The push in L.A. to clear cannabis convictions was one of the largest in the nation, indicating a local trend toward second chances. While that was an automatic relief for a specific category, it shows that courts and prosecutors in Los Angeles are increasingly open to rehabilitation and record clearing efforts.
Public Defender Assistance – As mentioned, the Los Angeles County Public Defender’s office has a unit dedicated to record clearing. They even assist with Certificates of Rehabilitation for eligible individuals who can’t afford private counsel. This is a reflection of the local priority on reentry support. If you’re working with a private attorney, it’s still helpful to know that the system is accustomed to these petitions and there are resources available. In any case, having knowledgeable help – whether it’s the Public Defender or an experienced private lawyer – can make the process smoother.
Potential Barriers – One challenge some people face in L.A. is locating old records. With older felony cases (say 20+ years old), the files might be in archives or on microfilm. This can slow down the expungement process as the court retrieves the file. An attorney can assist by ensuring the petition has as much detail as possible (case numbers, dates) to help the court locate the record. Additionally, court fees for filing expungements can be a consideration. Los Angeles Superior Court historically charged a fee for filing a dismissal petition (around $120) for some cases, but policies can change and fee waivers are available if you cannot afford the fee. (By contrast, no fees are charged for filing a Certificate of Rehabilitation or pardon request in California.)

Overall, Los Angeles residents have access to relief, but you should expect the process to take a bit of time due to the volume.

The good news is that L.A. judges and prosecutors generally understand these laws and, in many cases, support people moving on from old convictions – especially if you’ve shown rehabilitation. Each court may handle things slightly differently (Los Angeles has multiple courthouses), so it helps to have a local attorney who knows the ropes.

The legal process and timeline to clear a felony

Clearing a felony record in California can be life-changing, but it does require going through legal steps. Here’s a quick recap of the processes and typical timelines for the options discussed:

Expungement (Petition for Dismissal) – After you’ve completed probation (or waited one year after release if no probation), you can file for expungement. Timeline is roughly 2 to 4 months in many cases. Some are faster, some slower, depending on court backlog and the age of the case. Once granted, the conviction is dismissed – meaning it should no longer show on routine background checks. This is usually the fastest and most straightforward method if you’re eligible.
Certificate of Rehabilitation – You must meet the eligibility criteria (which often means waiting a number of years after your sentence to prove rehabilitation – commonly 7-10 years depending on offense). The process involves gathering documents and possibly character references, then filing a petition. It can take a few months to a year to get a hearing and decision, because the court may order an investigation or report before the hearing. If granted, the certificate immediately triggers a pardon application. The certificate itself is a helpful credential in the meantime, but patience is key with this route.
Governor’s Pardon – If you went through the Certificate of Rehabilitation process, you essentially wait for the Governor’s office to act. There is no fixed timetable – it could be many months or longer. If you apply directly for a pardon (without a certificate, in special cases), you submit an application to the Governor and Board of Parole Hearings and similarly wait. Pardons are less predictable. Some may come within a year, others take several years, and not all applications result in a pardon. It’s the final step and not everyone will need to go this far, but for those who do, it’s something to pursue with the expectation that it’s a long-term goal.

Note on California’s clean slate reforms

California has passed laws (like AB 1076 and SB 731) that automatically seal or dismiss certain convictions once people have completed their sentences and remained crime-free for a period.

For example, starting in July 2023, many non-violent, non-serious felonies are supposed to be automatically sealed from public view after you’ve finished your sentence and gone four years with no new offenses.

This automatic relief should eventually remove some old felonies from background check databases without you even petitioning (about 225,000 Californians became eligible in 2024 for automatic record clearance of old felonies). However, the rollout of these laws is ongoing and some parts were delayed.

If you think you might qualify for automatic clearing, it’s still a good idea to consult an attorney or check your record, because not all cases will be caught immediately by the system. Don’t assume it’s cleared until you verify. In the meantime, filing for expungement or other relief is still advisable for many, rather than waiting on the state to act.

Take control of your record

Having an old felony on your record can feel like a cloud hanging over your life. In California, that cloud doesn’t have to follow you forever.

Whether it’s been 7 years or 20 years since your conviction, you have options to reduce its impact or even clear it from public view. Expungement offers most people a chance at a clean slate in the eyes of employers and the public. For tougher cases, a Certificate of Rehabilitation and Governor’s Pardon can provide relief and recognition of your rehabilitation. And recent changes in California law are making it easier than ever for people to move beyond their past mistakes.

That said, navigating the legal processes can be confusing and every person’s situation is unique. If you’re in California – especially Los Angeles – and you want to finally clear that old felony from your record, reach out for legal help. At Helfend Law Group, we have extensive experience helping clients pursue expungements, certificates of rehabilitation, and pardons. We stay up-to-date on the latest laws and local court procedures to give you the best chance of success.

Take the first step toward a fresh start – contact Helfend Law Group at 800-834-6434 for a free consultation.

Published June 13, 2025.