In this article, our California criminal defense attorneys discuss:

1. What does SB 731 do?

The most important thing California Senate Bill 731 does is automatically clear most felony convictions four years after the case ends. This does not apply to serious felonies, violent felonies, or felonies that require sex offender registration.

Plus any felony arrests that do not result in charges get automatically cleared from your record after three years, even if the felony was punishable by state prison as opposed to county jail.

Other important measures in SB 731 are:

1. In felony cases where you meet specified criteria, you can now withdraw your guilty or no contest plea and get the case dismissed – which will lead to automatic clearance from your criminal record.
2. If you are applying for a teaching license, you will not be disqualified for any expunged drug possession convictions more than five years old.

Note that there may be a delay in getting your record automatically cleared if you pick up new criminal cases in the interim.

2. What happened before SB 731?

Prior to SB 731, a limited number of criminal records were – and will continue to be – automatically cleared:

• Any misdemeanor or felony cases that are dismissed get cleared right away;
• Any misdemeanor or most felony cases where you are granted probation get cleared once you finish probation; and
• Any misdemeanor convictions where you were not granted probation get cleared one year after the case closes.

3. Will my gun rights be restored?

Nothing in SB 731 will restore your gun rights if they have been stripped due to a felony or misdemeanor domestic violence conviction. Usually the only way to restore your firearm rights is through a Governor’s Pardon. Learn more about restoring gun rights in California.

4. What if my background check is still showing crimes that should have been cleared?

If your arrest, charge or conviction is eligible for automatic clearance but still appears on your background check, you can contact the California Department of Justice at (916) 210-6276. The Judicial Branch of California also provides information on how to petition to clean your record.

5. What is the difference between sealing, expunging, clearing, cleaning, and relief?

In California, expunging refers to getting a case dismissed after having initially pleaded guilty (or no contest) and completing certain court-ordered requirements. Once a case gets expunged, it can then be sealed from your criminal record so it no longer appears in background checks.

Sealing can also go by the terms cleaning or clearing. Meanwhile, SB 731 almost exclusively uses “relief” to refer to getting your criminal record automatically cleared once you are eligible.

The legal terminology can get very confusing. Though with the passage of SB 731 and AB 1076 before it, your criminal record should get automatically cleared without you having to do anything (in most cases).

6. If my criminal record has not been cleared yet, can my employer ask about it?

Employers may not ask about criminal convictions until they make a conditional offer of employment. Then they have to perform an individualized assessment to determine whether your criminal history is serious enough to disqualify you for the job.

Note that most background checks typically go back only seven years. Learn more about California’s Ban the Box laws.

Legal References

1. SB 731. Penal Code 851.93, 1203.41 & 1203.425. Education Code 44242.5 & 44346.‍
2. California Civil Code 1786.18. ‍
3. Penal Code 851.91.‍
4. Fair Employment and Housing Act 12952.
5. ‍FCRA (Fair Credit Reporting Act)