If you’ve been convicted of a misdemeanor in California, you may be wondering how long it will remain on your criminal record—and whether there’s a way to clear it.
Many people believe that misdemeanor convictions automatically disappear after seven years. In California, that’s generally not true. A misdemeanor conviction typically remains on your criminal record indefinitely unless you obtain a form of post-conviction relief authorized by law, such as a dismissal under California Penal Code section 1203.4 in eligible cases.
Although a misdemeanor is less serious than a felony, it can still affect employment, professional licensing, housing, and other opportunities. Understanding how California law treats misdemeanor convictions can help you make informed decisions about your future.
In this guide, we’ll explain how long misdemeanors stay on your record, what “expungement” means in California, who may qualify for post-conviction relief, and answer some of the most common questions people have.
Do Misdemeanors Stay on Your Record Forever in California?
In most cases, yes.
A misdemeanor conviction generally becomes part of your permanent criminal history. Unlike some people assume, California law does not provide for misdemeanor convictions to automatically disappear after five years, seven years, or any other set period.
Unless you receive qualifying post-conviction relief, the conviction remains part of your court and criminal history records.
However, “remaining on your record” does not necessarily mean every employer, landlord, or agency will see the same information. What appears on a background check depends on factors such as:
- The type of background check being conducted
- Whether the conviction was later dismissed
- California laws governing the use of criminal history
- Whether the organization has legal authority to access certain records
Why Do People Think Misdemeanors Disappear After Seven Years?
This is one of the most common misconceptions about criminal records.
The “seven-year rule” often comes from confusion with certain background screening practices and credit reporting laws. While some background check companies or employers may follow particular reporting limitations in specific situations, California misdemeanor convictions do not automatically expire after seven years.
In other words, simply waiting does not remove a misdemeanor conviction from your criminal record.
What Is Included in a California Criminal Record?
A criminal record is an official history of a person’s interactions with the criminal justice system.
Depending on the case, it may include:
- Arrests
- Criminal charges
- Court filings
- Convictions
- Sentencing information
- Probation
- Case dispositions
- Dismissals granted after conviction
Different organizations have different levels of access to criminal records under California and federal law.
Can You Remove a Misdemeanor From Your Record?
Many misdemeanor convictions may qualify for relief through what is commonly called an expungement.
However, in California, the legal process is technically known as a dismissal under California Penal Code section 1203.4.
If the court grants relief, it allows a guilty plea, no contest plea, or verdict of guilt to be withdrawn, a not guilty plea entered (or the verdict set aside in certain cases), and the court dismisses the accusations or information.
Although people often say their record has been “cleared” or “erased,” that is not exactly what happens.
Instead, the conviction generally remains part of the criminal record, but the record reflects that the conviction was dismissed.
What Does an Expungement (Dismissal) Do?
A dismissal under Penal Code section 1203.4 can provide meaningful benefits for many eligible individuals.
Depending on the circumstances, it may:
- Show that the conviction has been dismissed
- Improve employment opportunities in many private-sector hiring situations
- Demonstrate rehabilitation
- Reduce some of the collateral consequences of a conviction
- Allow a person, in many circumstances, to state they have not been convicted of the offense when applying for many private employers, subject to important legal exceptions
However, a dismissal does not:
- Completely erase the criminal record
- Restore firearm rights that were lost because of the conviction
- Prevent the conviction from being considered in every legal context
- Eliminate the duty to disclose a conviction where the law specifically requires disclosure
- Remove immigration consequences, if any
Government agencies, courts, law enforcement, and certain licensing authorities may still be able to view the original conviction.
Who Is Eligible for a Misdemeanor Expungement in California?
Eligibility depends on the specific facts of the case.
Many people qualify if they:
- Successfully completed probation, or obtained early termination of probation
- Completed all required fines, restitution, classes, and other court-ordered conditions
- Are not currently serving a sentence for another offense
- Are not currently facing charges for another criminal offense
Even if probation was violated, a court may still have discretion to grant relief in some cases.
Not every conviction qualifies, and eligibility requirements can vary depending on the offense and sentence imposed.
What If You Were Arrested but Never Convicted?
Being arrested is different from being convicted.
If:
- Charges were never filed,
- Charges were dismissed before conviction, or
- You were acquitted after trial,
you may have options to seek record sealing under California law rather than expungement.
California’s record-sealing laws have changed in recent years, and eligibility depends on the circumstances of the case.
Because record sealing and dismissal serve different legal purposes, the appropriate process depends on the outcome of the criminal case.
Expungement vs. Record Sealing: What’s the Difference?
These two forms of relief are often confused.
| Expungement (Dismissal) | Record Sealing |
|---|---|
| Applies after many convictions | Often applies where there was no conviction or where specific statutory requirements are met |
| Record generally remains but shows the case was dismissed | Eligible records are sealed from public access as provided by law |
| Authorized by Penal Code section 1203.4 in qualifying cases | Governed by different California statutes depending on the circumstances |
| Does not erase every legal consequence of the conviction | Effect depends on the applicable record-sealing law |
The appropriate option depends on the facts of the individual case.
Does an Expunged Misdemeanor Show Up on a Background Check?
It can.
Whether a dismissed conviction appears depends on:
- The type of background check
- Who is conducting the search
- Whether fingerprint-based records are used
- California laws regulating criminal history reporting
Many government agencies, courts, law enforcement agencies, and certain licensing boards can still access dismissed convictions.
Private employers are also subject to California laws governing when and how criminal history may be considered during the hiring process.
Can Employers See a Misdemeanor in California?
Potentially, yes.
California’s Fair Chance Act generally limits when employers with five or more employees may inquire about an applicant’s criminal history. In many cases, employers cannot ask about conviction history until after making a conditional offer of employment.
Even after that point, employers must comply with applicable legal requirements before taking adverse action based on criminal history.
Whether an employer ultimately sees or considers a misdemeanor depends on several factors, including:
- The type of job
- The nature of the conviction
- Whether the conviction has been dismissed
- Applicable state and federal law
Can a Misdemeanor Affect Professional Licenses?
Yes.
Certain California licensing agencies may consider criminal convictions when evaluating an application or renewal.
Whether a misdemeanor affects a license depends on factors such as:
- Whether the offense is substantially related to the licensed profession
- Evidence of rehabilitation
- Applicable licensing laws
- The specific licensing board involved
In many situations, a dismissed conviction may still be reviewed by a licensing authority.
Can a Misdemeanor Affect Housing?
Sometimes.
Some landlords perform criminal background checks as part of the rental application process.
A misdemeanor conviction does not automatically prevent someone from renting a home or apartment, but it may be considered depending on:
- The landlord’s screening criteria
- Fair housing laws
- The type of offense
- How much time has passed
- Evidence of rehabilitation
Each housing provider may evaluate applicants differently.
Can a Misdemeanor Affect Immigration Status?
Potentially.
Not every misdemeanor creates immigration consequences. However, some offenses—including certain crimes involving moral turpitude, domestic violence, or controlled substances—may have significant immigration implications under federal law.
Because immigration consequences depend on the specific offense and an individual’s immigration status, anyone with immigration concerns should seek legal guidance before making decisions regarding a criminal case.
Can You Own a Firearm After a California Misdemeanor?
It depends on the offense.
Many misdemeanor convictions do not result in the permanent loss of firearm rights.
However, certain misdemeanor offenses—including some domestic violence-related convictions and other offenses identified under California or federal law—can result in firearm prohibitions for a period of time or, in some cases, longer depending on the applicable law.
Because firearm restrictions vary significantly by offense, there is no single rule that applies to every misdemeanor conviction.
How Long Does It Take to Expunge a Misdemeanor?
The timeline varies by county and by the complexity of the case.
Factors that may affect the process include:
- Court scheduling
- Whether probation has been completed
- Whether additional hearings are required
- Local court procedures
Some cases may be resolved relatively quickly, while others can take several months.
Examples
Completed Probation
Maria was convicted of misdemeanor petty theft. She successfully completed probation, paid all required fines, and later petitioned for dismissal under Penal Code section 1203.4.
The court granted the petition. Her criminal record still reflects the case but now also shows that the conviction was dismissed.
Conviction Without Post-Conviction Relief
James pleaded guilty to misdemeanor vandalism ten years ago but never sought a dismissal.
Even though many years have passed, the conviction generally remains part of his criminal history.
Arrest Without Conviction
Angela was arrested, but prosecutors declined to file charges.
Because there was no conviction, she may qualify for record sealing rather than expungement, depending on the facts of her case and applicable California law.
Frequently Asked Questions
Does a misdemeanor disappear after seven years in California?
No. A misdemeanor conviction generally remains on your criminal record unless you qualify for post-conviction relief such as a dismissal under California law.
Can a misdemeanor be completely erased?
Generally, no.
A dismissal under Penal Code section 1203.4 updates the record to show the conviction was dismissed, but it does not completely erase the historical record or eliminate every legal consequence.
Can employers see dismissed misdemeanors?
In some circumstances, yes.
Whether a dismissed conviction appears depends on the type of background check, the employer, and applicable California law.
Does a misdemeanor affect an FBI background check?
Fingerprint-based criminal history records maintained by government agencies may continue to reflect a conviction even after it has been dismissed, although the record should indicate the dismissal if applicable.
Can a DUI misdemeanor be expunged?
Many misdemeanor DUI convictions may qualify for dismissal after the person satisfies the legal requirements, although the conviction can still have consequences for certain purposes, including future DUI sentencing and Department of Motor Vehicles matters where permitted by law.
Is a misdemeanor better than a felony?
Generally, yes.
Misdemeanors are less serious criminal offenses than felonies and usually carry lower maximum penalties. However, they can still carry significant legal and practical consequences.
Key Takeaways
A misdemeanor conviction in California generally does not automatically disappear after a certain number of years. Unless you obtain qualifying post-conviction relief, it typically remains part of your criminal record.
For many eligible individuals, California law provides a path to seek dismissal of a conviction under Penal Code section 1203.4. Although this process is commonly referred to as an expungement, it does not completely erase the conviction. Instead, it updates the record to show that the conviction has been dismissed, which may reduce some of the long-term effects of a criminal record.
Understanding your rights and the legal options available can help you make informed decisions about your future.
Contact Southwest Legal
Every criminal case is unique, and the options available after a misdemeanor conviction depend on the specific facts of your case and California law. Whether you’re wondering if you qualify for an expungement, have questions about your criminal record, or want to understand how a past conviction may affect your employment or future opportunities, obtaining reliable legal guidance is an important first step.
The defense attorneys at Southwest Legal are committed to helping individuals understand their rights and California’s post-conviction relief process. We can review your circumstances, explain your legal options, and help you determine the most appropriate path forward.
Contact us today for a free consultation to discuss your situation and learn more about the legal options that may be available to you.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. No attorney-client relationship is formed unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.