A criminal conviction can feel like a life sentence—especially when it follows you into every part of your life, including something as basic and vital as finding a place to live. In California, thousands of people struggle to secure housing because of a past mistake that appears on their record. But there is hope: expungement may provide the clean slate you need.
At Flore Legal Allies, we guide people throughout San Diego and Los Angeles through the process of clearing their records and reclaiming their futures. We'll explain what expungement is, how it works, and—most importantly—how it can help with housing applications.
What Is Expungement?
In California, expungement is a legal process that allows certain individuals with criminal convictions to withdraw their guilty plea or set aside a guilty verdict, and have the case dismissed.
It’s important to understand that expungement does not erase your record entirely, but it does update your record to reflect that the case was dismissed after successful completion of sentencing.
For many people, this change can make a huge difference in how landlords, employers, and others view their background.
Why Housing Applications Are Affected by Criminal Records
Many landlords use background checks as a standard part of screening rental applicants. These checks often include criminal history, and even older or minor offenses can raise red flags—especially if the landlord is worried about safety, liability, or property damage.
Even though California has laws to protect people with criminal records, private landlords still have broad discretion in choosing tenants. A single conviction may lead to rejection, no matter how long ago it occurred or how much your life has changed since.
This makes the record-clearing power of expungement especially valuable.
How Expungement Can Improve Your Housing Prospects
So, how exactly does expungement help with housing?
1. Updates Your Criminal Record to Show “Dismissed”
Once your record is expunged under California Penal Code § 1203.4, the official record will show that your conviction has been dismissed. While the charge itself may still be visible on some background checks, the fact that it was dismissed sends a powerful message:
- You complied with the terms of your sentence
- You are no longer considered guilty under the law
- You’ve taken steps to move forward with your life
For many landlords, this can tip the scales in your favor, especially when combined with a strong rental application and personal references.
2. Prevents Discrimination in Certain Housing Programs
California law includes protections for people who have had their records expunged. Under Fair Housing laws and some municipal codes, landlords—particularly those operating government-subsidized or Section 8 housing—may be limited in how they can use expunged records to deny applicants.
While not a guaranteed shield, expungement makes it more difficult for housing denials to be legally justified based on an expunged conviction.
3. Shows Rehabilitation and Responsibility
Expungement is not automatic—you have to earn it by completing your sentence, following the law, and formally requesting relief through the courts. This sends a clear message to landlords:
You’ve made positive changes and taken responsibility for your past.
Landlords are more likely to consider your current character if they see you’ve gone through the effort to clean your record.
Will an Expunged Record Still Show Up on a Background Check?
In many cases, yes—but with an important difference.
The original charge and conviction may still appear on more comprehensive background checks, but it will now include language like:
“Case dismissed pursuant to Penal Code 1203.4.”
Some background checks, especially those done through consumer reporting agencies, may filter out expunged cases after a certain number of years.
While expungement doesn’t make your record completely invisible, it reframes the narrative: you’re no longer legally “convicted” in the eyes of the court.
Can a Landlord Still Deny Me Housing After Expungement?
Unfortunately, yes. In California, landlords—especially private ones—can deny housing to applicants with a criminal history, even if the case was dismissed. However:
- Public housing authorities and larger property management companies often have set policies that favor applicants with expunged records.
- If you’re denied based solely on an expunged conviction, you may have grounds to challenge the decision, especially if the landlord violated Fair Housing regulations.
If your record was expunged and you're still facing housing discrimination, speaking with a lawyer can help you understand your rights.
How to Improve Your Chances Beyond Expungement
While expungement is a powerful tool, pairing it with a smart rental application can increase your odds of success:
1. Write a Letter of Explanation
A well-written letter explaining your past, the expungement process, and how your life has changed can humanize your application.
2. Provide Character References
Letters from employers, community leaders, or former landlords can help establish your current reliability and trustworthiness.
3. Show Stable Employment and Income
Stable financial history reassures landlords that you're a low-risk tenant.
4. Offer a Higher Deposit
If legal, offering a larger security deposit may ease concerns about renting to someone with a past conviction—even if expunged.
Who Qualifies for Expungement in California?
To qualify for expungement, you generally must meet the following criteria:
- You were convicted of a misdemeanor or felony
- You completed probation (or, in some cases, jail time)
- You are not currently charged with another offense
- You did not serve time in state prison (exceptions apply under Prop 47/64)
Important note:
Expungement is not available for certain serious crimes such as sexual offenses involving minors or certain violent felonies.
If you’re not sure if you qualify, an attorney at Flore Legal Allies can assess your eligibility and guide you through the process.
How the Expungement Process Works
Here’s a general overview of how we help clients pursue expungement:
- Case Review – We review your criminal record and court documents to confirm eligibility.
- Petition Preparation – We prepare and file a Petition for Dismissal with the court.
- Court Hearing (if required) – Some cases require a hearing; we represent you and argue on your behalf.
- Judge’s Decision – If granted, your record is updated to reflect that the conviction has been dismissed.
The process usually takes 6–12 weeks, but this may vary by county.
Why Choose Flore Legal Allies?
At Flore Legal Allies, we believe that everyone deserves a second chance—and that includes the right to safe and stable housing. We’re more than just legal representatives. We’re true allies to our clients.
What sets us apart:
- We listen first—understanding your story and your goals
- We provide clear legal strategies without complicated jargon
- We bring calm and clarity to a stressful process
- We serve clients throughout San Diego and Los Angeles
Whether you’re rebuilding your life after a conviction or trying to protect your family’s housing future, we’re here to guide you every step of the way.
How We Can Help
If a past conviction is standing between you and a place to live, don’t wait. Expungement may be the key to unlocking better housing opportunities—and we can help you make it happen.
At Flore Legal Allies, we’ve helped countless clients throughout San Diego and Los Angeles clear their records and move forward with confidence. We understand the challenges you're facing and are committed to helping you take back control of your future.
Call us today to schedule a confidential consultation and learn if expungement is right for you. A better future might be just a petition away.
