Renting with a criminal record in California
Housing is where a record does quiet, repeated damage — not one dramatic refusal, but a steady pattern of applications that go nowhere. The law here is thinner than people expect, and this page is honest about that.
What the law actually says
This is the area where we have to be most careful not to overstate things. For employment, California has a clear statute: an employer with five or more employees may not ask about or consider a dismissed conviction. For housing, there is no equivalent statewide rule aimed squarely at landlords.
What there is instead is a patchwork: consumer-reporting limits on what screening companies may report, local fair-chance housing ordinances in some cities and counties, and federal fair-housing guidance about blanket bans having a discriminatory effect. Those help. They are not the same as a statute that says no.
Where local rules do exist
Some California cities and counties have adopted fair-chance housing ordinances that restrict when a landlord may ask about criminal history, require an individualised assessment, or in the strongest versions bar criminal background checks for most rentals altogether. The rules vary considerably by jurisdiction and change, so check the city and county you are applying in rather than assuming.
What clearing the record actually changes
- A dismissed conviction should drop out of what a tenant-screening company lawfully reports, which is where most of the practical damage happens.
- You have a court order to produce when a screening report is out of date, which is common.
- You can answer an application question about convictions differently, depending on how it is worded.
- Nothing forces a landlord who already knows to change their mind.
Practical things that work
- Apply with the court order in hand rather than mentioning it after a refusal.
- Offer references from previous landlords. A good tenancy history outweighs an old conviction for many private landlords in a way it does not for a large management company.
- Private landlords generally have more discretion than corporate property managers, and are more likely to use it.
- If a screening report is wrong or out of date, dispute it. Reporting companies have a legal obligation to investigate.
Common questions
Can a landlord refuse me because of an old conviction?
In most of California, generally yes, subject to local ordinances and fair-housing rules about blanket policies. Clearing the record reduces what is visible to them rather than removing their discretion.
How long does a conviction stay on a tenant screening report?
Consumer-reporting rules limit how far back most reports may go, commonly seven years for non-conviction information. Convictions are treated differently, and a dismissed conviction should not be reported at all.
Is it worth clearing my record just to rent?
Often yes, because the same clearing helps with employment at the same time. If housing is the only reason, it is worth checking whether your city has a fair-chance housing ordinance first — that may do more for you than a petition.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.