California Senate Bill 731 (SB 731) – which was signed into law by Governor Gavin Newsom and took effect on July 1, 2023 – makes the sealing of criminal records available for defendants convicted of a felony on or after January 1, 2005, if they complete all terms of incarceration, probation, supervision, and parole and are not convicted of a new felony for four years.
Authored by California State Senator María Elena Durazo (D-Los Angeles), SB 731 specifies that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders. Registered sex offenders are excluded 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. More information about SB 731 is here.
The State Assembly and State Senate passed SB 731 in June and August 2022. Previous law required the Department of Justice to review records in the statewide criminal justice databases 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.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
