§ 461 Arrest Record Disclosure Ban

Business and Professions Code·California

AI SummaryVerified

Key Takeaways

•Government or local offices can't ask if you were arrested but not found guilty when you apply for a license or permit for the first time.
•If they ask this question anyway, they are breaking the law and can get in trouble (it's called a misdemeanor).
•This rule applies to all kinds of licenses, like for driving, teaching, or starting a business.

Example

You apply for a teaching license.

The application can't ask if you were ever arrested but not convicted. If it does, the office is breaking the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 461 Arrest Record Disclosure Ban

No public agency, state or local, shall, on an initial application form for any license, certificate or registration, ask for or require the applicant to reveal a record of arrest that did not result in a conviction or a plea of nolo contendere. A violation of this section is a misdemeanor. This section shall apply in the case of any license, certificate or registration provided for by any law of this state or local government, including, but not limited to, this code, the Corporations Code, the Education Code, and the Insurance Code. (Added by Stats. 1975, Ch. 883.)

Last verified: January 22, 2026

Key Terms

insurance conviction registration no contest education school license corporation

References

Official text at leginfo.legislature.ca.gov
California Legislature. Business and Professions Code. Section 461.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References