Failed a Background Check in San Francisco?

You did everything right. You completed probation. The judge dismissed your case. You thought it was over.

Then you applied for a job at a tech company in San Francisco, and the background check came back with a flag. The charge is still showing up. Your potential employer is asking questions. The offer is in jeopardy.

Here's the truth most people don't realize: In California, "dismissed" does not mean "invisible."

The Problem: Why Dismissed Cases Still Show Up

When a judge dismisses your case under Penal Code 1203.4 (California's "expungement" process), the conviction is legally set aside. You can truthfully say you weren't convicted on most job applications.

But here's what still appears when employers run a background check through the California Department of Justice:

• The arrest date and charges
• The conviction (guilty plea or verdict)
• The probation period
• The dismissal: "Dismissed per PC 1203.4"

Under California Labor Code § 432.7, most private employers are legally prohibited from asking about or considering dismissed convictions in hiring decisions. That's a real protection.

But in practice, when a background check shows an arrest, conviction, and dismissal notation, many HR departments still have questions. In the competitive Bay Area job market—especially for positions requiring security clearances, professional licenses, or financial responsibilities—even a dismissed charge can derail an offer.

Two Different Tools for Two Different Situations

California offers two distinct processes for cleaning up your record. Understanding which one applies to your case is critical:

PC 1203.4: Conviction Dismissal

Who qualifies:

• You were convicted (by plea or trial) of a misdemeanor or felony
• You completed probation successfully (or your sentence if no probation was granted)
• You're not currently on probation for any other offense

What it does:

• Withdraws your guilty or no contest plea
• Enters a not guilty plea in its place
• Dismisses the case
• Releases you from most "penalties and disabilities" of the conviction

What it means for background checks:

Your record will still show: Arrest → Conviction → "Dismissed per PC 1203.4"

The legal protection:

• You can answer "no" when most private employers ask if you've been convicted
• California law (Labor Code § 432.7) prohibits private employers from discriminating based on dismissed convictions
• You must still disclose on applications for government jobs, professional licenses, or positions requiring security clearances

PC 851.91: Arrest Record Sealing

Who qualifies:

You were arrested but never convicted, meaning:

• Charges were never filed
• Charges were filed but dismissed
• You completed a diversion program and charges were dismissed
• You were acquitted (found not guilty) at trial

What it does:

• Actually seals the arrest record
• The arrest is deemed "not to have occurred"
• Removes it from most public background checks

What it means for background checks:

For most commercial background checks: Nothing shows up.

(Government agencies and law enforcement can still access sealed records in limited circumstances)

The Right Sequence Matters

Sometimes you need both processes if you have multiple cases with different outcomes. For example, a 2019 DUI conviction might need a PC 1203.4 dismissal, while a 2020 disturbing the peace charge that was dismissed after diversion needs a PC 851.91 sealing.

For felony convictions, you may also need a PC 17(b) motion to reduce the felony to a misdemeanor before petitioning for dismissal.

What About California's "Clean Slate Act"?

You've probably heard about AB 1076 and SB 731—California's automatic record relief laws. While the DOJ is automatically identifying eligible records, there are major limitations:

1. The record still exists: Even with automatic relief, your background check will show the arrest, conviction, and dismissal. It just shows as "dismissed" or includes a "relief granted" notation.
2. Massive backlog: If you need relief this year, you can't count on automatic processing happening on your timeline.
3. Not all cases qualify: Automatic relief excludes serious felonies, violent felonies, and sex offenses.

The bottom line: If you need a clean record for an immediate job opportunity, manual filing is the only way to guarantee results on your schedule—typically 60-90 days instead of "eventually."

How This Works at the Hall of Justice (850 Bryant)

Timeline and Costs

The entire process typically takes 90-120 days in San Francisco. My flat fee ranges from $1,500 - $2,500 depending on complexity, and includes everything from the initial records pull to the final DOJ confirmation.