Automatic Record Sealing or “Expungements” Following Senate Bill 731

Before the passage of Senate Bill 731 (SB 731), people who had been arrested or convicted of crimes generally had to petition the court to have their records sealed, a process commonly referred to as “expungement.” With the new law, some form of automatic relief is now available, eliminating the need to appear before a judge to clear records. While many expungements are now automatic, the law excludes individuals required to register as sex offenders and those convicted of serious or violent felonies, often referred to as “strikes” in California.

For the most part, California conviction records are now sealed automatically once a person has completed their sentence and gone four years without further contact with the justice system. Additionally, records of arrests that did not result in a conviction will also be automatically sealed. When an arrest or conviction is “sealed,” the record is effectively invisible to the general public, including employers, landlords, and most licensing agencies.

Procedurally, the Department of Justice (DOJ) is required to review statewide criminal justice records on a monthly basis to automatically identify individuals eligible for arrest record relief without the need for a petition or motion. SB 731 became operative on July 1, 2024.

It’s important to note that SB 731 does not affect the restoration of gun rights. Typically, a Certificate of Rehabilitation and Pardon is needed to restore these rights. Additionally, the law does not release defendants from unexpired criminal protective orders.

SB 731 also prevents the Teacher Credentialing Commission from considering drug possession convictions that are more than five years old and have been expunged.

Eligibility for Automatic Conviction Relief:

• Applies to convictions on or after January 1, 1973.

• Eligible if the person was:

• Sentenced to probation and completed it without revocation, or

• Convicted of an infraction or misdemeanor and met other criteria.

• Includes individuals convicted of a felony on or after January 1, 2005, if:

• Probation was revoked, but the individual completed all supervision terms (incarceration, probation, mandatory supervision, post-release supervision, and parole).

• Four years have passed without a new felony conviction.

Exclusions:

• Serious felonies under Penal Code Section 1192.7.

• Violent felonies under Penal Code Section 667.5.

• Felonies requiring registration under Penal Code Section 290.