Mugshot and Public Record Expungement in California California is among a few of the few states in the U.S. that permit individuals to petition to have their mugshots removed. This process is known as “expungement,” which is also referred to as “petition for non-disclosure.” California Department of Justice provides individuals with the steps necessary to receive a record expungement. These procedures include: The filing of the petition Existence of a case against the petitioner or crime report Not guilty or an acquittal in court Petitioner provides supporting documentation If you decide to apply, there are certain requirements you need to meet to become eligible for expungement. These requirements are: Individual must be convicted of a misdemeanor, or non-drug related felony charge. Criminal case must not be in a court of law. Criminal case must not be under appeal or within 6 years old. Each case must not include a felony or misdemeanor assault or battery charge. If you are a foreign national and the crime is punishable by death, expungement is not possible. Individual must have lived in California for five years prior to the expungement petition. If you are in need of a record expungement, reach out to the California Department of Justice to receive more information on how to file your petition. Mugshot Removal If you wish to hide your California criminal record or eliminate it entirely, you have the option of a petition for non-disclosure. Petitioning non-disclosure will hide any record of your arrest within the CA Department of Justice or Law Enforcement and related agencies. This petition is also commonly referred to as mugshot removal. Our services provide you the opportunity to hire experts to complete the process for you. Whether you are applying to remove your mugshot, or requesting the removal of all criminal convictions, Criminal Defense Legal Group has the experience and resources to work efficiently and affordably to meet your needs. Expungement vs. Non-Disclosure Petition This process, known as “expungement,” removes all case records from the court. California does not allow individuals to expunge crimes that are punishable by life imprisonment, rape, or other such crimes. However, California may expunge lower crimes of “misdemeanor crimes of domestic violence” and “petty theft/shoplifting cases,” as well as offenses involving controlled substances. The California Department of Justice provides full information on their expungement process. Removal of a mugshot may also be available to some individuals. For example, some people convicted of a crime who have no other criminal record, can have their criminal record hidden from public view using the petition of non-disclosure. You may apply for a state law certificate with the Office of the Attorney General. This certificate will also hide your criminal record from public view in certain areas. You may also request that your criminal record be removed from criminal background checks and be unable to find your criminal records on your fingerprint search when applying for employment or a state or federal job. Mugshot removal or expungement petitions are not required by law, but may be advantageous to you if you want to limit your future legal troubles, which may include: identity theft, insurance fraud, loss of employment, and more. A criminal record or background check that is inaccurate may also prevent you from getting hired or keep you from obtaining a job. Avoiding Criminal Record Look-Ups in California When applying for employment in California, you may have a criminal record or police records that are released to the public. This information may be listed on your online background check. Other states may also check criminal records to validate employment. This information is not always accessible on a federal background check. A record of your arrest can be found in local and state police data systems. This is called a “criminal records search.” Criminal records searches, or a “criminal records check,” are performed by private individuals and businesses. Employers, prospective employers, and educational institutions may access this data to screen potential employees or students. Your employer may require you to undergo a background check as part of an application process or on the job. If this is the case, a record will be generated by the company and you may be contacted and asked to submit a job application. Depending on the job, your response may be required for a thorough background check. Additionally, some employers may conduct an investigation if they suspect that you may be a threat to the company, employees, or clients. When you apply for jobs, you must disclose any criminal history that you have as a result of an arrest. Any criminal history must be disclosed on an employment application, regardless of whether the employment application asks about your criminal history or not. You may submit a background check verification form which is not a part of a criminal records search, to check whether you have a criminal record in other states or when checking for employment, employment records, employment authorization, or immigration information. You may choose to submit a background check verification form with your application to ensure that you are not currently barred from employment due to a federal background check, or another type of law enforcement record. However, please note that we cannot guarantee the results of this form. Mandatory reporting is when an employee of a company makes a report about a crime or violent incident within the company. For example, if a customer stabs another individual during the course of his employment and reports the incident, it will be turned over to the authorities. Criminal Record Inquiry and Police Records Criminal record checks are the primary method for employers to check for a person’s criminal history, whether an arrest has been made, conviction, or any police contact. These inquiries range from civil to criminal matters. For example, if you have previous civil matters in your history, or matters for which you were found not guilty, they would not be considered part of your criminal history and they would not affect your employment. According to The Employment Law Group, a California Attorney and Law Firm: The Civil Report is provided by the State of California for each reported criminal activity, even if the individual is cleared by the DA’s Office. The Civil Report is the most inclusive and comprehensive piece of information and gives a general history of the individual. A person’s Criminal History Index Check indicates whether that individual has been arrested, charged or convicted for a crime. A check may be ordered from a law enforcement agency or from the California Department of Justice. This is a general check that does not identify the individual, only whether that individual has an active or inactive criminal history. A record of the charge may be submitted in place of a record of arrest. This is called a “charge index check.” Each person is entitled to one civil history report free of charge per year. If your record is expunged, California may provide you with one report for free for each completed year. The criminal records check will also give you the option to purchase a criminal history for a higher fee. Discovery and Sanctions If a person is facing litigation, a court may order a background check. This process may be required for legal purposes in civil or criminal proceedings. A criminal background check is obtained through a certified printout from the California Department of Justice or Law Enforcement Data System. These criminal background checks can give the results for arrests, charges and convictions in all parts of the state. This information can provide details about the case such as the names of the victim and suspect, or the city in which the crime took place. California has one of the highest levels of public record requirements. Other states and countries may not have these requirements. In addition to state records, many other people that are not government agencies also have access to criminal history records. Such records can give information about individuals without their consent. This is known as public record. Most of the information can be accessed for free or very cheaply, however, in some instances a fee may be required for search and