Question:

If I am granted automatic record relief for arrests or convictions under Penal Code sections 851.93 and 1203.425, what will prospective employers be able to see on my criminal history record?

Answer:

For prospective employers who are mandated and authorized by law to conduct fingerprint-based background checks through the Department, the following applies:

• Arrests: In some cases, an arrest may be disseminated to a prospective employer even if it receives record relief. For instance, under subdivision (k) of section 11105, the Department will disseminate to prospective employers arrests that received record relief where the agency requests the criminal record for peace officer employment. For more information, please refer to subdivisions (k)-(p) of Penal Code section 11105 to determine what types of arrest records may be disseminated to employers requesting fingerprint-based background checks from the Department.
• Convictions: In some cases, a conviction may be disseminated to a prospective employer even if it receives record relief. For instance, under subdivision (p) of section 11105, the Department will disseminate to prospective employers convictions that received record relief where the agency requesting the criminal record performs an education function. For more information, please refer to subdivisions (k)-(p) of Penal Code section 11105 to determine what types of convictions records may be disseminated to employers requesting fingerprint-based background checks from the Department.
• Notation of record relief: In cases where the arrest or conviction may be disseminated to a prospective employer even if it received record relief, the notification of record relief is also provided. In those cases where record relief was provided but the arrest or conviction is not disseminated to a prospective employer, the notification of record relief is also not provided.

Not all prospective employers are authorized or mandated to conduct fingerprint-based background checks through the Department and therefore, may use a variety of commercial services to conduct a background check. These commercial background check services are not affiliated with the Department and do not access the Department's records. However, courts that have received notification that an arrest or conviction was granted relief pursuant to section 851.93 or 1203.425, should not disclose information about these records to employers or commercial background check services, unless permitted.

Question:

Does automatic record relief expunge my criminal history record maintained by the Department?

Answer:

No. Arrests and convictions receiving automatic record relief under Penal Code sections 851.93 and 1203.425 remain on a person's state summary criminal history information record; they are not deleted or altered except to note that relief was granted. Automatic record relief results in a notation of relief on the person's record, which is then used to determine whether the Department can disseminate the record to prospective employers as authorized by Penal Code section 11105. Penal Code section 11105 lists what records can be released for employment, licensing, and certification purposes. For more information about expungements, see “Sealing Orders".

Question:

Do I have to file a petition or application with the court to get automatic record relief under Penal Code sections 851.93 or 1203.425?

Answer:

No. The Department automatically reviews records every month, and provides automatic record relief to eligible arrest and conviction records based on the data received by the Department and maintained in its statewide criminal justice databases. However, if you wish to seek additional relief, such as resentencing, dismissal, sealing, or reduction of charges, then you will need to file a petition or application with either the court or the arresting law enforcement agency.

• The California Courts website includes information on these processes: (1) Find basic information about criminal cases and about how to clean up your criminal record using instructions, forms, and answers to frequently asked questions and (2) Find Your Court Forms.

Question:

How do I find out if my criminal history record, maintained by the Department, has received automatic record relief?

Answer:

You may follow the instructions described on the “Criminal Records - Request Your Own” page to request your criminal history information. The Department does not automatically notify individuals that they have received automatic relief; it only automatically notifies the courts having jurisdiction.

Question:

I reviewed my record as described on the “Criminal Records - Request Your Own” page. I see a notation of relief granted pursuant to Penal Code section 851.93 and/or 1203.425, but why is the arrest and/or conviction still on my record?

Answer:

As required by Penal Code sections 851.93 and 1203.425, the Department automatically adds a notation of relief on a person's state criminal history record only; it does not remove, dismiss, expunge, or seal the record. Arrests and convictions receiving automatic record relief will remain on a person's criminal history record but will only be disclosed by the Department as authorized by Penal Code section 11105 or other provisions of law.

Question:

I reviewed my record as described on the “Criminal Records - Request Your Own” page. I do not see a notation of automatic record relief, but think I am eligible. Why has the Department not granted record relief for my arrest or conviction? Is there anything I need to do to get automatic record relief added to my record?

Answer:

Granting automatic record relief to everyone who is eligible is a high priority of the Department. The Department evaluates millions of records each month dating back to January 1, 1973, spanning 50 years of changing standards for reporting criminal history record information. Records in the statewide criminal justice databases are evaluated for automatic record relief each month, on an on-going basis. You do not need to take any additional action to get automatic record relief. However, if you believe your record is inaccurate, you may submit the Claim of Alleged Inaccuracy or Incompleteness form (BCIA 8706) that you received with your record.

Question:

How do I find out if my criminal history record maintained by the court has been updated?

Answer:

Please contact your county court.

Question:

We received an applicant response that includes a notation of relief under Penal Code section 851.93 or 1203.425. What does that mean?

Answer:

A notation of relief means that the arrest or conviction received automatic relief under Penal Code section 851.93 or 1203.425. Please consult your legal counsel to determine whether you can consider that arrest or conviction for employment, licensing, or certification purposes pursuant to Penal Code section 11105 and other provisions of law.

Question:

The Department sent the superior court a list of cases granted automatic record relief by the Department. What do we do with the cases in our case management system?

Answer:

For any case record still retained by the court, the court shall not disclose information concerning an arrest or conviction receiving automatic record relief under Penal Code sections 851.93, 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425, except as provided in Penal Code sections 851.93, subdivision (d) or 1203.425, subdivision (a)(4). Please consult your legal counsel to determine what steps you must take to ensure compliance with Penal Code sections 851.93 and 1203.425 and the impact to the cases in your case management system.

Question:

The Department sent the superior court a list of cases granted automatic record relief by the Department. iIs the court supposed to dismiss the convictions on the list?

Answer:

No, convictions cannot be dismissed based on the automatic record relief lists provided to the court. As noted above, though, the court shall not disclose certain information when automatic relief has been granted.

Question:

The Department sent the superior court a list of cases granted automatic record relief by the Department. Some cases were granted relief but according to our records they are ineligible. How do we get the relief removed?

Answer:

This can occur when the Department's statewide criminal justice databases has missing or incomplete information. Courts should compare their records with the corresponding statewide criminal justice records to determine what information is missing and then report that missing information to the Department. The Department will then update our databases and reevaluate the records.