SB 731 was created to 1) allow people who may have had a substance abuse related conviction that is over 5 years old, and the conviction has been expunged to obtain a teaching credential, 2) expand the eligibility of petition-based expungements, 3) expand the eligibility of automatic sealing of arrest records, and 4) expand the eligibility of automatic expungements. You can view the Senate Bill 731 here.
In general, under this new law, once a person has fully completed their sentence and has not had any contact with the criminal justice system for 4 years, their conviction will be automatically sealed and no longer show in background checks. In addition to convictions, the new law also covers arrest records that did not result in a conviction. The law does NOT apply to convictions that are considered serious or violent felonies, or convictions for registered sex offenses. The law is designed to help people with past convictions gain employment, housing, and educational opportunities by removing their conviction from background checks. However, law enforcement, the Courts, and the State Justice Department will still have access to the sealed/cleared records. Also, individuals are required to disclose their criminal history if asked about it when applying to serve in public office and other specific exceptions.
NOTE: Certain portions of SB 731 will not become operative until October 1, 2024.
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If your background check is still showing crimes that are eligible to be cleared under SB731, you can contact the California Department of Justice and inquire as to why it was not automatically cleared. If that doesn't work, you can also review the information on petitioning to clean your record by the California Courts.
Although the automatic relief expansion has been delayed until October 1, 2024, you can still petition the Court to clear your record. See the Dismissals and Expungement tab for more information.
"Effective" date = The date that a new bill becomes a law. Even though a bill states that it will become effective on a certain date, it does not mean that the law is operative.
"Operative" date = The date that the new law is actually implemented.
Generally, the "effective" and "operative" date of a new law are the same date. However, there are situations where the "effective" date and "operative" date are different.
Case law states that, "the operative date is the date upon which the directives of the statute may be actually implemented,” in contrast with the effective date which is the “date upon which the statute came into being as an existing law.” (People v. McCaskey (1985) 170 Cal.App.3d 411, 416; accord, People v. Jenkins (1995) 35 Cal.App.4th 669, 673-674.)
In general, SB731 bars the teacher credentialing commission from considering drug possession convictions that are more than five years old and have been expunged. However, the commission and school officials still have access to other convictions dating to 2020.
The Department of Justice (DOJ) maintains state summary criminal history information and furnishes this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties.
The DOJ is required to provide the Commission on Teacher Credentialing with every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted.
It is a crime for a person authorized by law to receive state summary criminal information to knowingly furnish that information to a person who is not authorized to receive it.
Codes amended by this bill:
*** SB 731 was made effective July 1, 2023. However, SB 731 was made subject to the appropriation of the annual Budget Act. Although SB 731 took effect on July 1, 2023, because of AB 134 - Committee on Budget. Public Safety Trailer Bill (that was passed on July 10th, 2023), implementation of this portion of SB731 is delayed and was originally set to be operative on July 1, 2024. However, due to state budget changes, Public Safety Bill AB 168 was recently passed on July 2, 2024, which pushed back the implementation date to October 1, 2024 for PC 1203.425 and PC 851.93. ***
Current law - On a monthly basis, the Department of Justice will conduct a review of the statewide criminal justice dataset records and identify those what are eligible for arrest record relief without the need for the person to file a petition or motion.
When the expansion of SB 731 becomes operative on July 1, 2024, it will also make arrest record relief available to a person who was arrested of a felony, including a felony punishable by state prison.
Code amended by this bill:
*** SB 731 was made effective July 1, 2023. However, SB 731 was made subject to the appropriation of the annual Budget Act. Although SB 731 took effect on July 1, 2023, because of AB 134 - Committee on Budget. Public Safety Trailer Bill (that was passed on July 10th, 2023), implementation of this portion of SB731 is delayed and was originally set to be operative on July 1, 2024. However, due to state budget changes, Public Safety Bill AB 168 was recently passed on July 2, 2024, which pushed back the implementation date to October 1, 2024 for PC 1203.425 and PC 851.93. ***
Current Law - On a monthly basis, the Department of Justice will review the records in the statewide criminal justice database and identify people who are eligible for automatic conviction record relief. Once the DOJ has granted conviction relief, the DOJ will inform the court that has jurisdiction over the case and the court "shall not disclose information concerning a conviction that was granted..." (Please see the box titled What is Sealing? for more details.)
When this portion of SB 731 becomes operative on July 1, 2024, it will also expand eligibility for automatic relief to persons convicted of a felony and sentenced to probation on or after January 1, 2005, if they violated probation but later completed all terms of supervision. The law prior to SB731 excluded from relief anyone who violated their probation.
SB 731, will make automatic conviction relief available, if:
Codes amended by this bill:
The sealing of an arrest or conviction record, generally means that the public, certain employers, and landlords cannot access the information regarding an arrest or conviction. However, the police department, Department of Justice, FBI, and other criminal justice agencies are able see your full criminal history, even though your arrest or conviction record has been sealed.
Regarding the automatic sealing of convictions pursuant to PC 1203.425(c) - under AB 1076, The Clean Slate Act and SB 731 states that:
"[T]he court shall not disclose information concerning a conviction that was granted conviction relief pursuant to this section or section 1203.4, 1203.4a, 1203.41, 1203.42, to any person or entity in any format, except to the person who was convicted and granted relief or to a criminal justice agency."
The language in AB 1076 and SB 731 does not expressly use the word "seal" or "sealing" for convictions. However, under the California Rules of Court - Rule 2.550, it defines "sealed" as: "A 'sealed' record is a record that by court order is not open to inspection by the public."
Q: What if I am ineligible for arrest record relief under SB 731?
A: If you are ineligible for relief under SB 731, you can still petition the court to seal your arrest record. Please view the Sealing and Destroying Arrest Records tab, here.
Q: What if I only want to modify my probation and I do not want an expungement?
A: Checkout our LibGuide tab that provides detailed information on the Motion to Modify Probation, here.
Q: Does this bill help with my out-of-state or federal arrests and convictions?
A: No, SB 731 is only applicable to California arrests and convictions. Check out our LibGuide tab, Certificate of Rehabilitation and Pardon, for additional information.
Q: If my convictions are expunged and sealed, does this restore my gun rights?
A: No, SB 731 does not affect the restoration of gun rights. Generally, a Certificate of Rehabilitation and Pardon is needed to restore gun rights. You can also reach out to the Public Defenders Office for additional assistance.
Q: How do I find out if my arrest record or convictions were automatically sealed and/or expunged?
A: You will need to obtain your RAP Sheet by obtaining a livescan. Check out our Libguide tab that provides information on how to obtain a copy of your criminal records, here. To see if your conviction has been sealed (withheld from public disclosure) by the court, you can contact the criminal court clerk, in the courthouse where you were convicted. You can search for the court information here.