Free Criminal Background Check California: Your Complete Guide to Accessing Criminal Records

Understanding Criminal Background Checks in California

Running a criminal background check in California isn't as straightforward as typing someone's name into Google. The state has some of the most comprehensive privacy protections in the country, which means accessing criminal records requires navigating specific channels-some free, others paid, and many with significant legal restrictions.

Whether you're a small business owner vetting a potential hire, a landlord screening tenants, or someone who simply wants to verify information about a person in your life, understanding how California's criminal background check system works will save you time, money, and potential legal headaches.

California law strictly regulates who can access criminal history information and how that information can be used. The state's Investigative Consumer Reporting Agency Act (ICRAA) restricts consumer reporting agencies from reporting convictions older than seven years, and arrests or charges that didn't lead to convictions cannot be reported in most cases. These protections exist for good reason, but they also mean you need to know exactly where to look for the information you need.

The California Department of Justice maintains the statewide criminal record repository and processes fingerprint-based background checks for authorized purposes. With over 45,000 agencies authorized to perform background checks and approximately 2 million state-level checks processed annually, the system is extensive but requires careful navigation to access correctly.

The Official California DOJ LiveScan Process

The California Department of Justice maintains the statewide criminal record repository and processes fingerprint-based background checks for authorized purposes. The DOJ processes approximately 2 million state-level background checks and 1.2 million federal-level background checks annually through their LiveScan system.

LiveScan is an electronic fingerprinting technology that replaced the old ink-and-paper method. When you get fingerprinted at a LiveScan location, your prints are digitized and transmitted directly to the DOJ, which compares them against their criminal database. Typically, background checks through this system take around 24 to 72 hours to complete, though some can take longer if manual review is required.

The fingerprint images are captured through an electronic process that enables the electronic transfer of fingerprint image data, combined with personal descriptor information, to central computers at the DOJ. This electronic transfer drastically reduces submission timeframes compared to the days previously needed to send hard fingerprint cards via the United States Postal Service.

How to Request Your Own Criminal Record

Anyone can request their own California criminal history record, also known as a RAP sheet (Record of Arrest and Prosecution). Here's the step-by-step process:

• Download Form BCIA RR (Request for Live Scan Service) from the California DOJ website
• Take the completed form to an authorized LiveScan operator with valid photo identification
• Pay the $25 DOJ processing fee plus a separate fee for the fingerprinting service (usually around $30-35)
• Wait for your RAP sheet to arrive by mail-typically within a week if no matching records exist

If you receive government assistance or have very low income, you may qualify for a fee waiver on the $25 DOJ fee. You'll still need to pay the separate fingerprinting costs, but this can significantly reduce the overall expense.

For those living outside California, the process differs-you'll need to submit manual fingerprint cards (Form FD-258) by mail rather than using the electronic LiveScan system. Hard card fingerprinting has a minimum processing time of 8-12 weeks because submitted hard cards are manually reviewed by FBI and DOJ staff.

Understanding DOJ vs FBI Background Checks

It's important to distinguish between DOJ and FBI background checks, as they serve different purposes and cover different jurisdictions. A DOJ background check reviews criminal history records within the state of California and includes California-specific arrests, convictions, warrants, and other reportable offenses found in state law enforcement databases.

An FBI background check, by contrast, taps into the FBI's National Crime Information Center (NCIC) and provides a broader, more comprehensive look at an individual's criminal history than the California-only DOJ check. Some agencies and employers require both checks, especially when the position involves working with vulnerable populations, crossing state lines, or holding sensitive responsibilities.

When both a DOJ and FBI background check are needed, fingerprints must be submitted to both databases. The requesting agency listed on your LiveScan form determines where the results are sent-only that agency will receive the background report unless you're conducting a personal record review.

Free Public Court Records in California

While the official DOJ route provides the most comprehensive criminal history, California's court system offers another avenue for accessing criminal records-often for free or at minimal cost.

California has 58 superior courts, one in each county. Each court is responsible for maintaining its own case records, and most courts provide some level of online access to case information. Under California Rules of Court, all papers in court files may be inspected by the public in the office of the clerk, and unless confidential or sealed by law, all court records are presumed open.

Here's how to access court records:

• In-person searches: Visit the clerk's office at the superior court where you believe a case was filed. This is free but time-consuming.
• Online case portals: Many California courts offer free online access to case indexes, calendars, and registers of action. The State of California offers free electronic access to Appellate and Supreme Court case dockets.
• County-specific searches: Each county has its own online system with varying levels of access and fees.

The catch with court records is that criminal cases may have limited remote access for privacy reasons. Courts may only make available online the registers of action, calendars, and case indexes-meaning you might need to visit the courthouse in person to view full case documents.

Major County Court Systems

California's largest counties have developed sophisticated online case search systems. Los Angeles County, Orange County, San Diego County, Sacramento County, Santa Clara County, and San Francisco County all offer online case search portals where you can search by name or case number.

Sacramento Superior Court has discontinued all fees associated with online searches and document downloads, making it one of the most accessible systems in the state. The Public Case Access System allows you to search for cases by name, case number, or filing date, and in Civil and Probate cases, you can view information regarding case participants, events, and documents.

San Diego Superior Court's online system allows you to find case numbers and locations for Civil, Criminal, Family Court, Mental Health, and Probate case records. However, criminal case documents are only available to be viewed in-person at the courthouse where the matter was heard or by requesting copies to be mailed to you.

San Francisco's case information system allows you to look up Unlimited/Limited Civil, Family Law, Probate, and Small Claims cases by case number or by case name for cases filed from to present. Orange County provides extensive online resources through their Case Access portal and Case Name Search application.

It's important to note that Civil Limited and Misdemeanor Records may be available only for 10 years for some court locations. Juvenile cases, Traffic/Minor Offense cases, and cases from before are typically not included in online court indexes.

Important Legal Limitations to Know

Before you start running background checks, you need to understand California's legal framework-especially if you're an employer or landlord.

The California Fair Chance Act (Ban the Box)

California prohibits employers with five or more employees from asking about criminal history before making a conditional job offer. This "Ban the Box" law means employers cannot include criminal history questions on job applications, cannot conduct criminal background checks until after a conditional offer, and cannot include statements like "must have clean record" or "no felons" in job postings.

The Fair Chance Act went into effect in January and represents one of the most comprehensive protections for job applicants with criminal histories in the nation. Several California cities, including San Francisco and Los Angeles, have their own Ban the Box ordinances that may impose additional requirements beyond the state law.

The law applies not just to direct employers but also to labor contractors, client employers, any entity that evaluates an applicant's conviction history on behalf of an employer, staffing agencies, and any entity that selects, obtains, or is provided workers from a pool or availability list.

The Seven-Year Rule

Consumer reporting agencies in California cannot report convictions that are more than seven years old. They also cannot report non-conviction records (including arrests, indictments, and misdemeanor charges) or convictions that have been sealed, dismissed, or expunged.

This seven-year limitation is codified in California's Investigative Consumer Reporting Agencies Act (ICRAA), which limits conviction information to seven years from the date of disposition, release, or parole-regardless of the subject's anticipated salary. This is significant because the federal Fair Credit Reporting Act (FCRA) only applies similar limitations to employees who make less than $75,000 annually, but California's rule applies to everyone.

The ICRAA also prohibits the reporting of non-conviction information, including arrests and indictments, even if they occurred within the last seven years, when they didn't lead to convictions. Pending cases can be reported, however.

There are exceptions to the seven-year rule. The limitation doesn't apply if you're applying for a position with an annual salary exceeding $125,000, or for certain jobs in specific industries like healthcare, education, or financial services. Additionally, some positions involving access to sensitive information, controlled substances, or vulnerable populations may be exempt from these reporting restrictions.

Individualized Assessment Requirements

If an employer does find criminal history after making a conditional offer, they must conduct an individualized assessment before making any adverse employment decision. This assessment must consider how the conviction relates to specific job duties, how much time has passed since the offense, and evidence of rehabilitation.

The individualized assessment must be a reasoned, evidence-based determination that considers three factors: the nature and gravity of the offense or conduct; the time that has passed since the offense or conduct and/or completion of the sentence; and the nature of the job held or sought.

Before taking adverse action, employers must provide written notification that the applicant's criminal history disqualifies them from the position, include which convictions disqualify the applicant, provide a copy of the conviction history report, and give the applicant 5 business days to respond to the preliminary decision to rescind. After considering any response from the applicant, the employer must provide final notice in writing about disqualification if they decide to move forward with rescinding the offer.

Damages for failing to follow these requirements can include back pay, front pay, hiring or reinstatement, emotional distress damages, punitive damages, and attorneys' fees.

Understanding ICRAA and CCRAA Compliance

California employers must navigate both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA) when conducting background checks. A California Supreme Court ruling clarified that employers must comply with both ICRAA and CCRAA when conducting background checks, particularly when the checks involve information beyond simple credit history.

The ICRAA has specific notification requirements that must be followed. Investigative consumer reporting agencies must provide a series of notices on the first page of the reports they generate. Notably, agencies must include a notification (in 12-point boldface type) that the report does not guarantee the accuracy or truthfulness of its information and that identity theft and criminal activity may alter the accuracy of the results.

One of the most frequent ICRAA violations involves the failure to provide a compliant consent disclosure before obtaining an investigative consumer report. The consent disclosure must include the name, address, and telephone number of the agency preparing the report, and must contain a checkbox that allows the consumer to request a copy of the report. Missing any of these elements renders the disclosure non-compliant.

Under ICRAA, only criminal convictions can be reported, and even then, the information is limited to seven years from the date of disposition, release, or parole. This restriction applies regardless of the individual's expected salary, making it more stringent than the FCRA.

Another critical aspect of ICRAA is its broad definition of "investigative consumer reports." Unlike the FCRA, which narrowly defines such reports, ICRAA considers any information obtained through "any means" as part of an investigative consumer report, including public records checks.

Using Online Background Check Tools

While official government channels provide authoritative data, online background check services can offer faster results and broader searches. These tools aggregate data from multiple sources-court records, public databases, and other repositories-to create comprehensive reports.

Our free Background Checker tool provides comprehensive background reports with trust scores, pulling from multiple data sources to give you a clearer picture of someone's background. It's particularly useful for preliminary research before deciding whether to invest in a more formal check through official channels.

When using any background check service, keep these guidelines in mind:

• Verify the source: Free people-search sites often contain outdated or inaccurate information
• Understand FCRA compliance: If you're using background information for employment, tenant screening, or credit decisions, you must use an FCRA-compliant service
• Cross-reference results: No single source catches everything-verify important findings through multiple channels

It's crucial to understand that not all background check services are created equal. Consumer reporting agencies that provide background checks for employment purposes must be FCRA-compliant and follow strict regulations about what they can report and how they report it. Using a non-compliant service for employment decisions can expose you to significant legal liability.

Building a Complete Picture: Beyond Criminal Records

Criminal background checks are just one piece of the due diligence puzzle. Depending on your needs, you might also want to verify other information about a person.

For business purposes, combining a background check with identity verification creates a more complete picture. If you have someone's email address, our Email Verifier can help confirm whether it's valid and active-useful for ensuring you're reaching the right person. When you need to make direct contact, our Mobile Number Finder can help locate cell phone numbers from email or LinkedIn profiles.

For B2B contexts where you're vetting potential business partners or employees, this layered approach-background check plus identity verification plus contact confirmation-provides significantly more confidence than any single data point.

If you're conducting business due diligence on companies rather than individuals, our Tech Stack Scraper can help you understand what technologies a company uses, while our B2B Targeting Generator can provide AI-powered target market analysis.

Record Sealing and Expungement in California

Understanding record sealing and expungement is crucial for both individuals checking their own records and employers interpreting background check results. California's approach to these processes differs from many other states and has undergone significant changes in recent years.

What is Expungement in California?

California doesn't have a "true" expungement process in the traditional sense. What's commonly called expungement in California is actually a dismissal under Penal Code .4. When a case is dismissed under this statute, the court reopens your case, the finding of guilt is withdrawn, a "not guilty" plea is entered, and the court dismisses the case.

The dismissal does not erase the offense from your criminal record entirely, but it does change your record to show that the conviction was dismissed. Expunged conviction records typically show "dismissed" when requested. The dismissal does not seal the conviction from public view, and the conviction remains on your record for many purposes including sex offender registration and immigration consequences.

However, expungement does provide significant benefits. Once a California court grants an expungement, you can lawfully answer "no" if asked about a criminal record on most job applications. Expunged records do not have to be disclosed to an employer even after they make a conditional offer of employment, with some exceptions for government positions and certain professional licenses.

Eligibility for Expungement

Those eligible for expungement under Penal Code .4 may include misdemeanor or felony convictions for which the defendant has successfully completed probation or obtained early termination of probation, is not currently charged with a criminal offense, is not on probation for a criminal offense, is not serving a sentence for a criminal offense, and was not sent to California State Prison.

You are not eligible for expungement if you have an open criminal case or if your conviction was for a serious felony, violent felony, or sex offender crime. However, with the passage of Senate Bill 731 and Assembly Bill (the Clean Slate Act), many people's arrest records and conviction records now get automatically sealed once they become eligible for sealing.

Record Sealing vs. Expungement

Sealing a record and expungement are separate processes involving different procedures and eligibility requirements. Record sealing refers to making a criminal record unavailable to the general public. The records cannot be viewed or accessed by the general public, although they could still be available to certain government agencies or individuals with a court order.

California permits the sealing of arrests that did not result in convictions or of convictions that appellate courts overruled. Penal Code 851.87 allows individuals arrested but not charged with a crime to petition the court to seal their arrest records. Under this statute, an individual who was arrested but not charged with a crime can petition the court to have records of their arrest sealed if at least one year has passed since the date of the arrest.

Automatic Record Relief

California's Clean Slate law represents a significant shift in how criminal records are handled. The law directs the state Department of Justice to automatically seal from public view non-serious, nonviolent, and non-sexual felony convictions when the defendant has completed their sentence and not been convicted of another crime in four years.

The Department of Justice uses a computer program that every month scans through every criminal record in the state to identify those that have become eligible to be expunged or sealed. Once the Department identifies eligible records, they must update the records to reflect that relief has been granted and inform the Superior Court or County Court where the arrest or conviction occurred.

This automatic relief dispenses with the need for a formal expungement in many cases and even applies to certain cases where individuals served time in state prison. After your records are sealed or your conviction dismissed under the automatic relief provisions, private background check companies should not show arrests or dismissed criminal convictions.

Cost Comparison: Free vs. Paid Options

Let's break down what you'll actually spend depending on which route you take:

• DOJ Personal Record Review: $25 DOJ fee + $30-35 LiveScan fee = approximately $55-60 total
• Court Records In-Person: Free to view at the courthouse; small per-page fees for copies
• Court Records Online: Varies by county-some offer free case index searches; documents may cost $0.50-1.00 per page
• Private Background Check Services: Range from free (limited data) to $30-100+ for comprehensive reports

If you're conducting background checks regularly-say, as part of a hiring process-investing in a professional CRA service often makes sense. For one-off checks, the free options combined with targeted paid searches typically provide the best value.

Keep in mind that while Sacramento County offers completely free online searches and document downloads, other counties may charge fees. It's worth checking the specific fee structure for the county where you need to conduct your search.

What Shows Up on a California Background Check

Understanding what information actually appears on different types of background checks helps set realistic expectations:

Official DOJ RAP Sheet includes:

• Arrests (with case dispositions)
• Criminal charges filed
• Convictions
• Sentences and probation information
• Outstanding warrants

What won't appear:

• Juvenile records (sealed by law)
• Arrests that didn't lead to conviction (for most purposes)
• Sealed or expunged records
• Convictions older than seven years (from CRAs)
• Certain marijuana-related convictions (per recent California law changes)
• Non-pending arrests, indictments, and misdemeanor charges that didn't result in conviction

Court records may provide additional details about specific cases, including charging documents, hearing minutes, and final dispositions-but you'll need to know which county to search and potentially which specific case number to look up.

A criminal background check in California can include federal, state, and county criminal records, showing pending cases and misdemeanor and felony convictions generally going back seven years. Non-convictions, including pardons, arrest records for arrests not resulting in conviction, and sealed or expunged records will not appear on a California criminal background check conducted by a consumer reporting agency.

Special Considerations for Employers and Landlords

If you're conducting background checks for employment or tenant screening purposes, there are additional considerations you must understand to stay compliant with California law.

Employer-Specific Requirements

Employers must get written permission before conducting a background check. The consent disclosure must be compliant with both FCRA and ICRAA requirements, including all necessary information about the consumer reporting agency and a checkbox allowing the applicant to request a copy of the report.

Employers cannot ask about criminal history on job applications or during interviews before making a conditional job offer. This applies to employers with five or more employees and covers most positions, with limited exceptions for roles where background checks are required by law or regulation.

If considering criminal history after making a conditional offer, employers must conduct an individualized assessment, provide preliminary notification if planning to rescind the offer, allow the applicant time to respond, and provide final notification with information about appeal rights if ultimately rescinding the offer.

Certain industries have mandatory LiveScan requirements through the DOJ. Healthcare, education, and childcare positions often require fingerprint-based background checks as a condition of employment or licensing.

Landlord Considerations

California has specific protections for rental applicants with criminal histories. While landlords can conduct background checks on prospective tenants, they must comply with both state and local fair housing laws when using that information to make rental decisions.

The Fair Chance Act applies to employment but not directly to housing decisions. However, landlords must still be cautious about using criminal history information in ways that could constitute discrimination under fair housing laws. Blanket policies that automatically reject anyone with any criminal history may violate fair housing requirements.

Some California cities have enacted specific ordinances addressing how landlords can use criminal history in tenant screening. Los Angeles, San Francisco, Oakland, and other jurisdictions have regulations that go beyond state requirements. Landlords should consult with local legal counsel to ensure compliance with applicable laws.

Practical Tips for Running Background Checks

After walking through the legal framework and available resources, here's what actually works in practice:

For employers: Wait until you've made a conditional offer, then use an FCRA-compliant background check service. Document your individualized assessment if any convictions appear. Keep in mind that some industries (healthcare, education, childcare) have mandatory LiveScan requirements through the DOJ. Ensure your consent forms comply with both FCRA and ICRAA requirements, and train hiring managers on Fair Chance Act compliance.

For landlords: California has specific protections for rental applicants with criminal histories. Consult with a local attorney to ensure your screening process complies with state and local fair housing laws. Document your rental criteria and apply them consistently to all applicants. Be prepared to conduct individualized assessments rather than applying blanket rejection policies.

For personal purposes: Start with free court record searches in counties where the person has lived. Use our Background Checker for a broader initial scan, then follow up on specific findings through official channels. Remember that online searches may not be comprehensive and should be verified through official sources for important decisions.

For checking your own record: Request your DOJ RAP sheet to see exactly what employers and licensing agencies will see. If you find errors, you have the right to challenge the contents-the DOJ provides a process for disputing inaccurate information through Form BCIA . Consider whether you may be eligible for record sealing or dismissal under California's Clean Slate law to improve your employment prospects.

When to Use Professional Background Check Services

Free resources have their limits. Consider investing in a professional background check service when:

• You're making a significant hiring decision and need comprehensive, legally defensible results
• The position involves vulnerable populations (children, elderly, patients)
• You need results faster than government processing times allow
• You're checking someone who has lived in multiple states
• You require ongoing monitoring rather than a one-time check
• You need to ensure full FCRA and ICRAA compliance for employment purposes

Professional consumer reporting agencies that specialize in employment background checks understand the complex legal requirements and can help ensure you stay compliant while getting the information you need. They also have access to multiple database sources and can provide more comprehensive results than free searches.

Professional services like RocketReach or Lusha can supplement background checks with professional identity verification when you're conducting business due diligence.

For businesses that regularly need to conduct background checks, working with a professional CRA also provides consistency in your screening process, which is important for demonstrating non-discriminatory practices and maintaining compliance with employment laws.

Common Challenges and How to Overcome Them

Running background checks in California comes with several common challenges that can delay or complicate the process.

Fingerprint Quality Issues

Poor fingerprint quality is one of the most common reasons for delays in LiveScan background checks. Poor fingerprint quality means the fingerprint image is not as clear as it should be, which impacts the system's ability to confirm or dismiss a potential fingerprint match. When ambiguity is identified, potential matches must be manually (visually) compared and verified before the transaction can be processed.

Factors that can affect fingerprint quality include cracks in the skin from weather exposure, working with your hands frequently, and genetic lines throughout the fingerprints. If your fingerprints are rejected on the basis of poor quality and they were originally scanned by the LiveScan agency, most agencies will re-scan your fingerprints at no additional charge.

Common Name Issues

Individuals with common names face particular challenges with background checks in California. Court records and database searches by name alone may return numerous potential matches, making it difficult to identify the correct individual. This has led to significant backlogs, particularly in Los Angeles County, where roughly 100,000 background checks are requested monthly.

When searching court records for someone with a common name, try to obtain additional identifying information such as date of birth, middle name, or last known address. The more specific information you can provide, the more likely you'll find the correct records.

Multi-County Searches

Because California's 58 superior courts each maintain their own records, conducting a comprehensive background check requires searching multiple county systems if the subject has lived in different areas of the state. There is no single statewide database of court records that's accessible to the public.

If you know the person has lived in multiple California counties, you'll need to search each county's court system individually. This can be time-consuming but is necessary for a complete picture. Professional background check services can help streamline this process by conducting multi-county searches simultaneously.

Resources for Additional Help

If you need assistance navigating California's background check system, several resources are available:

For questions about your own criminal record: Contact the DOJ Record Review Unit at (916) 227- . They can answer questions about the record review process and help with issues related to obtaining your RAP sheet.

For record sealing or expungement: Many counties offer free legal clinics through their Public Defender's offices. Orange County, San Diego County, Sacramento County, and other jurisdictions have "Clean Slate" programs that assist individuals with cleaning up their criminal records.

For employment discrimination concerns: If you believe your Fair Chance Act rights were violated, you can file a complaint with the California Civil Rights Department (formerly DFEH). The employer may be ordered to change its behavior and compensate you for violating your rights.

For court record access issues: Contact the clerk's office at the relevant superior court. Court staff can explain what records are available, how to access them, and what fees may apply.

For technical issues with LiveScan: If you're experiencing problems with the LiveScan process, contact the agency where you were fingerprinted. They can check the transaction status and ATI (Automated Transaction Identifier) number to determine if your submission was successfully transmitted to the DOJ.

The Future of Background Checks in California

California's approach to criminal background checks continues to evolve as the state balances public safety concerns with the need to provide individuals with criminal histories a fair chance at employment and housing.

The implementation of automatic record sealing under California's Clean Slate law represents a significant shift toward removing barriers for individuals who have completed their sentences and demonstrated rehabilitation. As more records become automatically sealed, fewer criminal convictions will appear on background checks conducted for employment purposes.

Technology is also changing how background checks are conducted. Electronic court filing systems are becoming more widespread, which may eventually make it easier to search court records across multiple counties. However, privacy protections remain paramount, and remote access to certain types of records may remain limited to protect sensitive information.

Employers and screening companies must stay current with California's evolving legal landscape to ensure compliance. Recent amendments to Fair Chance Act regulations have expanded requirements and clarified ambiguities, and additional legislative changes are likely as California continues to lead the nation in criminal justice reform.

Final Thoughts

Running a free criminal background check in California requires knowing which resources exist and understanding the legal boundaries around their use. The DOJ's LiveScan system provides the most authoritative criminal history data, while court records offer a free (if more labor-intensive) alternative for accessing case-specific information.

For most people, a combination approach works best: start with free resources to get a general picture, then invest in official checks or professional services for decisions that warrant the additional expense and reliability.

Whether you're an employer navigating Fair Chance Act requirements, an individual checking your own record to prepare for job applications, or someone conducting due diligence on a person in your life, understanding California's comprehensive privacy protections and procedural requirements is essential.

Whatever your purpose, remember that California's privacy protections exist for important reasons. Use background check information responsibly, follow the law regarding how and when you can consider criminal history, and always verify critical findings through multiple sources before making significant decisions.

The state's emphasis on rehabilitation and second chances reflects a recognition that past mistakes shouldn't permanently bar individuals from employment, housing, and full participation in society. As you navigate the background check process, keep this principle in mind and use the information you obtain fairly and in compliance with all applicable laws.