Yes, in California, misdemeanor convictions generally show up on background checks. This includes common offenses like driving under the influence (DUI) or domestic battery, among others.
When a background check is conducted in California, especially for employment, housing, or professional licensing purposes, it typically reveals criminal convictions. This means if you have been convicted of a misdemeanor or a felony, these records are usually accessible and will appear.
What Information Appears on a Background Check?
Most standard background checks in California access public records to retrieve criminal history information. This typically includes:
- Convictions: Both misdemeanor and felony convictions are generally reported. This includes the specific charge, the date of conviction, and sometimes details about the sentence or disposition.
- Active Warrants: If there's an outstanding warrant for arrest.
- Pending Cases: Charges that have been filed and are awaiting resolution in court.
Examples of misdemeanor convictions that commonly appear on background checks include:
- Driving Under the Influence (DUI)
- Petty Theft
- Simple Assault
- Vandalism
- Domestic Battery (e.g., California Penal Code 243.4 PC)
Types of Background Checks and Their Scope
The depth and scope of a background check can vary depending on its purpose.
- Employment Background Checks: Many employers conduct criminal background checks to assess a candidate's suitability for a role. For most private employers, they primarily look for convictions. California has "Ban the Box" laws that restrict when employers can inquire about criminal history, often deferring inquiries until after a conditional offer of employment.
- Housing Background Checks: Landlords frequently use background checks to screen potential tenants, looking for criminal convictions that might pose a risk to the property or other residents.
- Professional Licensing: Certain professions (e.g., healthcare, law enforcement, education) require more extensive background checks, which may include fingerprinting and checks against state and federal databases. These can reveal a broader range of criminal history, sometimes even expunged records or arrests not leading to conviction under specific circumstances.
Does Expungement Affect Background Checks?
An expungement (officially, a dismissal of charges under Penal Code 1203.4) can significantly impact how a misdemeanor conviction appears on a background check.
- For most private employment or housing checks: An expunged misdemeanor conviction typically will not appear. You can generally truthfully state that you have not been convicted of that crime.
- For government jobs or professional licenses: Some government agencies, law enforcement, state licensing boards, or federal jobs may still see expunged convictions as part of more thorough background investigations. An expungement does not erase the record entirely but allows the conviction to be set aside.
What Generally Does NOT Show Up (or is Limited)
- Arrests Without Conviction: If you were arrested but not charged, or if the charges were dismissed, these typically do not appear on standard background checks.
- Dismissed Cases: Cases that were dropped by the prosecutor or where you were found not guilty are generally not reported as convictions.
- Infractions: Minor violations like traffic tickets are not considered criminal offenses and do not appear on criminal background checks.
It's important to understand that public criminal records are accessible in California, and any conviction, whether a misdemeanor or a felony, remains part of your official record unless successfully sealed or expunged.
| Record Type | Generally Appears on Standard Background Checks (California) | Notes |
|---|---|---|
| Misdemeanor Convictions | Yes | Includes common offenses like DUI, domestic battery, petty theft, simple assault, etc. Details typically include charge, conviction date, and disposition. |
| Felony Convictions | Yes | More serious offenses are consistently reported. |
| Pending Criminal Cases | Yes | Cases where charges have been filed and are awaiting court resolution. |
| Active Warrants | Yes | Outstanding warrants for arrest will typically be revealed. |
| Arrests (No Conviction) | No (typically) | Unless charges are pending, or it's a very specific, in-depth background check for highly sensitive roles (e.g., federal government, law enforcement), which may access broader records not typically available to private employers. |
| Dismissed Charges | No (typically) | If charges were dropped by the prosecution or you were found not guilty, these are generally not reported as convictions. |
| Expunged Convictions | No (typically for private employers) | While not fully erased, an expunged conviction generally will not appear on a standard background check for private employment or housing. However, state licensing boards, law enforcement, and some government agencies may still have access to these records for specific purposes. |
| Infractions | No | Minor violations like most traffic tickets are not criminal offenses and do not appear on criminal background checks. |
For individuals concerned about their criminal record, consulting with a legal professional in California is often advisable to understand options like expungement or record sealing.
