Written By Digital Content Editor Thomas Ahearn
On August 18, 2022, the California State Senate approved Senate Bill 731 (SB 731) which would allow some Californians to have their criminal records sealed if they maintain a clean record. The California State Assembly passed SB 731 in June 2022. The bill will now move to California Governor Gavin Newsom for consideration.
Existing law requires the Department of Justice to review records in the statewide criminal justice databases on a monthly basis and identify persons eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation or convicted of an infraction or misdemeanor, and met specific criteria.
If signed into law, starting July 1, 2023, SB 731 would make conviction record relief available for a defendant convicted of a felony on or after January 1, 2005, if the defendant completes all terms of incarceration, probation, supervision, and parole and is not convicted of a new felony offense for a period of four (4) years.
The bill specifies that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders. Registered sex offenders were excluded from the legislation, and those convicted of serious and violent crimes would have to petition a court to have their records sealed.
Criminal records will still be provided to school districts, county offices of education, charter schools, and private schools that conduct background checks for job applicants. People who have their records sealed also would be required to disclose their criminal history if asked when applying for a job in law enforcement or public office.
Employment Screening Resources (ESR) – a service offering of ClearStar, a leading Human Resource technology company specializing in background checks, drug testing, and occupational health screening – offers criminal record searches that comply with state laws in California. To learn more, contact ESR.
NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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