Starting July 1, 2023 anyone in California who is seeking to clear their criminal records will get additional relief. The law helps anyone with a criminal conviction seal their arrest and conviction from public view, thereby allowing easier access to employment and housing.
The new law would automatically seal an arrest in any case where no charges were filed. The law would also seal and expunge certain felony convictions if the individual complies with all court orders and remains crime free for a period of 4 years following their sentence.
Anyone looking to clean their record of a past criminal arrest or conviction will be able to automatically have it done if the incident took place in the last 10 years. The Department of Justice will be tasked to investigate and clear old records without a specific request. However, given the volume of cases, it may be necessary to hire a lawyer who can file a petition in the Court and expedite the process.
For too long citizens of California had to endure a “scarlet letter” of shame for indiscretions and acts committed as a young person. The new SB731 rights the wrong that has been allowed to exist for decades. Many people were denied good paying jobs or excluded from decent housing as a result of a conviction on their record that came up during background checks.
California SB 731 will begin to allow otherwise good folks the opportunity to move on with their lives, thriving and making the world a better place.
What does SB731 actually do? It cleans up the criminal history of countless citizens, removing black marks and embarrassing court records from public view. The new law seeks to force people to judge individuals on their current actions and prospects and not on some act that may have been youthful indiscretion.
What are the exceptions to SB731? The law would not allow the sealing of convictions for serious or violent felonies or for offense requiring mandatory sex offender registration. The new law would also not apply to those who are currently on probation or are being supervised under state or federal law. The statute would also not apply to anyone facing a pending case or new charge.
The law also prohibits background checks from disclosing these convictions or arrest record when the person is applying for insurance, credit checks, and other consumer transactions.
Matthew is a Torrance Criminal Defense Attorney who focuses his practice on DUI and other serious offenses in Los Angeles County and throughout California.