California Criminal Records

California criminal records are information and records compiled by criminal justice agencies to identify criminal offenders and relate to an offender's arrest summaries, criminal charges, pretrial proceedings, conviction, incarceration, rehabilitation, and release.

Access to California criminal records is maintained by the state's Department of Justice (DOJ). This access is restricted to authorized applicant agencies and legitimate law enforcement purposes. Still, individuals may request a copy of their criminal records to review for completeness and accuracy. Typically, Individuals may request criminal records for:

• Foreign adoptions
• Applying for certification, employment, and licensing
• Reviewing their criminal records
• Visa or Immigration
• Agencies seeking authorization to conduct fingerprint background checks for prospective employees

What is Included in the Criminal Record?

A California criminal record contains the following information:

• Personal information: This includes the full name, including known aliases, date of birth, sex, ethnicity, height, and weight
• Arrest Information: This information in this section includes the date and place of each arrest, arresting agency, charges at the time of arrest, outstanding warrants, mugshots, a set of fingerprints, and other booking information
• Charges and conviction: This includes a list of all charges leveled against the record owner, conviction details, and sentencing information such as fines, probation, and imprisonment
• Non-conviction record: This includes records of arrests not resulting in convictions, charges dropped or not prosecuted, cases that were dismissed or resulted in acquittals, and diversion program information

Are Criminal Records Public In California?

Access to criminal records is tightly regulated in California. Under Section 11105 of the California Penal Code, providing a complete statewide criminal history to any individual, not law enforcement, except to the subject of the report is illegal. Generally, other than the person named on the record, persons with access to a California criminal record are:

• Law enforcement agencies
• Statutorily authorized organizations such as criminal justice agencies like the FBI and the DOJ
• Government social service agencies for background check purposes
• Authorized researchers for academic studies upon obtaining authorized access
• Employers authorized pursuant to the law, such as for job application investigative purposes
• Persons who have obtained a court order or mandate allowing access

Outside of these persons and the conditions permitted for accessing criminal records, the best option would be to use county or California court resources or third-party access to view arrests, inmates, court dates, crime maps, and court record information deemed public records under state law.

How to Access Criminal Records in California

You may request a copy of your criminal history record from the California Department of Justice. However, you must submit fingerprint images, pay the applicable processing fee of $25 ( a waiver may apply), and follow the appropriate application procedure.

If you are a California resident, you must submit Live Scan fingerprints. To do so, use the Live Scan Form ( BCIA 8016RR English version or BCIA 8016RR Spanish version). Check "Record Review" under "Type of Application" and enter "Record Review" in the "Reason for Application" field. Next, provide all personal information and take the completed Live Scan Form to any Live Scan site for fingerprinting services. Fingerprinting services are typically available at most sheriff's offices, local police departments, and public applicant Live Scan sites.

If you are an out-of-state resident, print out the BCIA 8705 form ( English or Spanish version) and follow the instructions outlined in the form. Next, contact your local law enforcement agency for fingerprinting services. Note that your fingerprint card must have your full name, sex, date of birth, and return mailing address. You may contact the DOJ's Record Review Unit at (916) 227-3849 if you are unable to obtain a blank fingerprint card.

If you are submitting your application by mail, mail your submission with a personal check drawn from a United States bank, certified check, or money order. The check or money order must be made out to the "California Department of Justice." The completed application, processing fee, and fingerprint card must be mailed to:

Also, the public may be able to access records of criminal proceedings in California Courts. Per Rule 2.503 of the California Rules of Court, all electronic records of California courts must be made reasonably available to the public in some form, except for those sealed by court order or made confidential by law. Hence, generally, records of criminal proceedings may be available from public access terminals at the courthouses where the proceedings are held. Some counties provide public remote access to these records in addition to public access terminals provided in the courthouses. Note that this access is only for records in criminal proceedings and not complete criminal history records.

What is Considered a Felony in California?

Per Section 17 of the California Penal Code, a felony is a serious criminal offense typically punishable by death, imprisonment in a state prison, or imprisonment in a county jail for more than one year. Felonies attract severe penalties than misdemeanors and infractions, including high fines and lengthy jail terms.

Penalties For California Felonies

Felony crimes in California are typically punished with a jail term in a state prison or county jail and a fine of up to $10,000. The imprisonment term may be low, middle, or high. Persons convicted of a felony crime may be sentenced to a middle term, except in instances where certain mitigating or aggravating factors are considered by the judge.

Mitigating factors may be considered by the sentencing judge in penalizing a felony crime with a low term including a situation where the offender possesses no prior criminal record or the defendant was a minor participant in the crime. Aggravating factors include using a weapon in the crime or if the offense was a violent crime. A judge may make a life imprisonment sentence for a first-degree murder.

In many felony cases, the convicted offender may be sentenced to probation rather than serving a prison sentence. If probation is granted in a felony case, the judge may order that the convicted defendant spend 12 months in a county jail and then follow the conditions of probation. The probation may last two years. Some of the conditions include monthly meetings with a probation officer, fines, community service hours, drug and alcohol testing, counseling, anger management classes, restitution, and other conditions that may be specific to a crime type.

It is also possible for a felony statute not to set specific penalties for a felony crime. In that case, California law states that the crime be punished under Section 1170 (h) of the state's Penal Code. The section states that a judge may sentence the offender to a county jail term of 16 months, two years, or three years.

Some collateral consequences of being convicted for a felony crime in California include the requirement to disclose a felony conviction in an employment application, the prohibition from possessing or owning a firearm, and the requirement to register as a sex offender if the offender was convicted of a sex crime.

What is a Misdemeanor in California?

Misdemeanors are lesser offenses compared to felonies but more serious than infractions. California categorizes misdemeanor crimes as:

Standard Misdemeanors

A standard misdemeanor is a basic type of misdemeanor, such as:

• Shoplifting
• Vandalism
• Disorderly conduct
• Driving on a suspended license
• Public Intoxication
• Trespassing
• Petty theft
• Prostitution
• Drug possession offenses

Gross Misdemeanor

Also called aggravated misdemeanor, gross misdemeanors are more serious than standard misdemeanors and usually carry harsher penalties. Examples include:

• Domestic battery
• Driving under the influence
• Driving on a suspended driver's license
• Reckless driving
• Violating a restraining order

Penalties for California Misdemeanors

California Penal Code 19PC outlines general guidelines for misdemeanor penalties. However, the actual penalties imposed are at the discretion of the sentencing judge, and they vary depending on the offender's criminal history, the nature of the crime, and other factors.

The penalty for a standard misdemeanor is a sentence of six months in a county jail, a fine reaching up to $1,000, or both. A gross misdemeanor is punishable by a fine reaching up to $1,000 or more, 364 days in a county jail, or both. Instead of a jail sentence, a judge may award probation, especially for a non-violent, low-level charge for a first-time or juvenile offender.

Probation for a misdemeanor may be less restrictive than the probation awarded in felony cases. Still, it has specific conditions, such as attending counseling, refraining from certain activities, and completing community service. If you complete the probation terms ahead of schedule, you may be able to have your misdemeanor probation terminated early.

Alternatively, the judge may order restitution if minor harm is caused to the victim of the crime. The payment is aimed at compensating the victim for losses or damage resulting from the crime. Note that restitution is not the same as paying a fine. A judge may impose both restitution and a fine in a misdemeanor case.

Misdemeanor convictions have long-term implications beyond the initial penalties stipulated by the judge. A conviction may affect eligibility for some public benefits and a person's immigration status.

How Long Does a California Criminal Record Stay In a Background Report?

A criminal record will remain in your background report until you reach 100. According to the California Department of Justice's record retention policy, the DOJ must maintain criminal history information until the subject of the record is 100 years of age. Consequently, except when a record has been expunged, a criminal record remains on the background report for practically the lifetime of the record owner.

If you seek employment and have a criminal record, you should expect it to appear on a background check. However, per Section 1786.18 of the California Civil Section, background check companies may not provide a background report containing records of arrest, indictment, misdemeanor complaint, or conviction of an offense that, from the disposition date, release, or parole, antedate the report by over seven years. Therefore, employers may only be able to access criminal records from the last seven years.

Sealing and Expungement of Criminal Records in California

Sealing and expunction of criminal records are two forms of relief granted to individuals with criminal records in California. However, criminal records may be sealed or expunged under different circumstances.