Effective July 1, 2024
California Senate Bill No. 731 (“SB 731”), an extension of the existing California Clean Slate Law is set to take effect July 1, 2024. This legislation modifies Section 851.93 and Section 1203.425 of the California Penal Code and extends automatic expungements to misdemeanors, non-violent felonies, and non-sexual offenses. These expungements also include records concerning incarceration. According to SB 731, individuals become eligible for automatic expungements after completing their sentence. However, they must also avoid further trouble during this waiting period.
Each month, the California Department of Justice is due to conduct a review of its databases to clear records eligible for relief. However, individuals aiming to seal their convictions must meet specific eligibility requirements.
To qualify, applicants must have satisfactorily fulfilled their entire sentence, including probation, parole, or mandatory supervision, without any violations. Starting July 1, 2024, most felony convictions will automatically be sealed four years after the completion of the sentence, except for serious violent felonies, sex offenses, or offenses mandating registration as a sex offender.
Records to be expunged automatically
For misdemeanor offenses:
- Misdemeanor arrests with no charges: immediately following the arrest;
- Misdemeanor arrests with no conviction: immediately after the case is dismissed;
- Misdemeanors with probation: immediately on completion of probation;
- Misdemeanors with jail time: one year after release with no further arrests.
For eligible felony offenses:
- Felony arrests with no charges: three years after the arrest;
- Felony arrests with no conviction: immediately upon dismissal;
- Felonies with probation: immediately on completion of probation;
- Felonies with prison time: four years after release with no further arrest.
What does this mean for employers:
- SSB 731 expands the eligibility for sealing certain criminal records, which could result in fewer convictions appearing on background checks conducted by employers. This means that some individuals with past convictions may have those records sealed or dismissed under the new law.
- Employers conducting background checks after July 1, 2024 (when the law takes full effect), may see fewer convictions or arrests on records than previously reported.
- Employers may need to review and possibly revise their policies to align with the new legal framework.
View California Senate Bill No. 731
Should you have any questions regarding the changes, please contact Customer Service at (800) 820-9029.
Frasco® Profiles is NOT a law firm. The information contained in this post is for general informational purposes only. We are not providing legal advice and strongly recommend consulting your legal resources before taking any action.
