By Oded Krashinsky, founder of Pacific West Academy

Before someone starts a security career in California, they often ask: does a criminal record rule me out? The honest answer is that it depends on what the conviction was, when it happened, and what has happened since. California law sets the rules, not the training school and not the employer. As the founder of Pacific West Academy, an accredited executive protection school with campuses in Van Nuys and San Diego, I would rather people understand those rules before they enroll than after.

This article explains how the law treats criminal history for a security guard registration (the "guard card") and for armed security work. It is general information, not legal advice. If you have a record, a criminal defense attorney can tell you how the law applies to your case.

Who decides whether you can get a guard card?

The Bureau of Security and Investigative Services (BSIS) issues security guard registrations. Every applicant must undergo a criminal history background check through the California Department of Justice and the FBI, done by fingerprinting through Live Scan. BSIS sees the results directly. That means the decision rests on your actual record, not on what you remember about it or what an online background check shows.

Which convictions can BSIS deny you for?

Business and Professions Code section 480 controls how California licensing agencies, including BSIS, can use criminal history. In general, a board may deny a license for a conviction that is "substantially related" to the duties of the job, and only if the conviction is from the past seven years. Three kinds of convictions are exempt from that seven-year limit:

  • A serious felony, as defined in Penal Code section 1192.7.

  • A crime that requires registration under Penal Code section 290, subdivision (d)(2) or (d)(3).

  • Certain felony financial crimes, though that exception applies only to specific license types.

To decide whether a crime is substantially related, BSIS looks at three things under its own regulation (California Code of Regulations, title 16, section 602): the nature and gravity of the offense, how many years have passed, and the nature and duties of the job you are applying for.

What can't be held against you?

Section 480 also protects applicants in ways many people don't know about:

  • Arrests that didn't end in a conviction. A board cannot deny a license based on an arrest that resulted in any disposition other than a conviction.

  • Dismissed convictions. A board cannot deny a license based on a conviction dismissed under Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42 or 1203.425, or a comparable dismissal or expungement. If the dismissal doesn't show on the Department of Justice report, you may need to provide proof of it yourself.

  • Pardons and certificates of rehabilitation. A person who has a certificate of rehabilitation, or who has received a pardon or clemency, cannot be denied on the basis of that conviction.

That is why a dismissal under section 1203.4 is worth looking into before you apply.

Does BSIS consider rehabilitation?

Yes. BSIS's rehabilitation regulation (title 16, section 602.1) lists what it weighs. That includes whether you completed probation or parole without a violation, how much time has passed since the offense, whether you paid restitution, any relief you received under section 1203.4, and other evidence of rehabilitation you submit. A conviction on your record is not the end of the conversation.

What about armed security work?

Armed work is a different and stricter question. To carry a firearm on duty in California, a guard needs a BSIS firearms permit. BSIS's fact sheet lists the requirements: you must be at least 21, hold a guard registration, pass FBI and Department of Justice checks, and not be banned from owning or possessing a firearm under state or federal law.

That last requirement is where many records become a hard stop:

  • A felony conviction brings a lifetime firearm prohibition under Penal Code section 29800.

  • Certain misdemeanors, including assault, battery and brandishing a weapon, bring a 10-year prohibition under Penal Code section 29805.

  • Federal law adds a lifetime ban for anyone convicted of a misdemeanor crime of domestic violence (18 U.S.C. section 922(g)(9)).

A dismissal doesn't fix this. Penal Code section 1203.4 says a dismissal "does not permit a person to own, possess, or have custody or control of a firearm." So someone may qualify for an unarmed guard card while still being barred from armed work.

What should you do before you pay for training?

  1. Get a copy of your own record. The California Department of Justice lets you request your record. Work from that, not from memory.

  2. Talk to a criminal defense attorney about a dismissal. If you completed probation, a dismissal under section 1203.4 may remove the conviction as grounds for denying a guard card.

  3. Know whether you're aiming for armed or unarmed work. A record that still allows a guard card can still rule out a firearms permit.

  4. Ask the school before you enroll. A reputable school will tell you that BSIS makes the final call, and will point you to the California guard card requirements before taking your tuition.

For most people, the guard card is the first step into the security industry, and from there some move on to executive protection. A criminal record makes that path harder, but it doesn't automatically close it. The law gives weight to time, to rehabilitation and to dismissals, so the right first step is to find out exactly where you stand.

About the author: Oded Krashinsky is the founder of Pacific West Academy and the CEO of Advanced Security Concepts Inc., a security company he has run since 2000. He was born and raised in Israel, where he served five years in the military.