Posted on September 11, 2017

Does a Criminal Record Erase After 7 Years?

In California, contrary to popular belief, a criminal conviction will not be erased with the passage of time. Instead, a conviction will forever remain accessible to the government and licensing agencies. The seven-year myth presumably came from employment codes that restrict private employers from holding or even searching for criminal convictions that exceed seven years.

Any time someone is convicted of a crime, the conviction is transmitted by the clerk of the court to the California Department of Justice. Thereafter, a notation is added on your formal criminal record reflecting that you were conviction of a certain crime. You cannot erase the conviction unless you prove factual innocence or subsequently move to withdraw your plea / finding of guilt.

To obtain a copy of your record, you may apply for a live scan. This application is available on the DOJ website. The process entails you being finger printed by a licensed agency. The cost runs around $40.00. After submitting a live scan, the DOJ mails you a copy of your formal record. This is the same record reviewed by law enforcement and licensing agencies.

For more information, contact an Orange County criminal defense attorney at the Law Offices of John D. Rogers.

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