California’s Senate Bill 731, commonly known as SB 731, is a landmark piece of legislation changing how criminal records are handled in the state. This law is designed to help individuals with past criminal convictions get a fresh start by automatically sealing certain records, making it easier to move forward with employment, housing, and other opportunities. If you or someone you know has a criminal record, understanding SB 731 and its impact could be critical.
This blog will explain SB 731, who qualifies under the law, the benefits of criminal record sealing, and the limitations you should be aware of. We will also answer frequently asked questions about SB 731 and criminal records.
If you want to learn more about related legal processes, please visit our legal services page.
What is SB 731?
SB 731 is a California law signed by Governor Gavin Newsom in 2022 and effective July 1, 2024. It expands automatic sealing of criminal records, meaning many people with eligible felony, misdemeanor, or arrest records will no longer need to petition the court to seal them. This law builds on prior criminal justice reforms like the Clean Slate initiative, designed to reduce barriers created by a criminal history.
SB 731 aims to allow individuals to rebuild their lives without the stigma and obstacles caused by their past convictions. Criminal records can often be a major barrier to getting a job, renting housing, or accessing benefits. SB 731 attempts to make it easier for people to clear these records after a period of demonstrated good behavior.
Who is Eligible for Criminal Record Sealing Under SB 731?
Individuals must meet several criteria to be eligible for automatic sealing under SB 731. First, all parts of their criminal sentence must be fully completed, including probation, parole, or jail time. Second, there must be no new felony convictions during the waiting period, which varies depending on the type of offense. For example, most non-violent felony convictions will be sealed automatically four years after sentence completion if no new felony convictions occur.
Not all convictions qualify for sealing. SB 731 excludes serious or violent felonies, sex offenses, and crimes that require registration as a sex offender. Arrest records that did not lead to a conviction are generally sealed three years after the arrest. Misdemeanor convictions may be sealed one year after sentence completion if no new charges have been filed.
If someone does not qualify for automatic sealing, they may still be able to petition the court to have their records sealed on a case-by-case basis.
For a detailed understanding of your eligibility, you can visit our record sealing and expungement page.
What Are the Benefits of Criminal Record Sealing Under SB 731?
The main benefit of criminal record sealing is that it helps remove the legal and social barriers a criminal history creates. Once a record is sealed under SB 731, it is generally inaccessible to most employers, landlords, or the public. This increases opportunities for employment and housing because many background checks will no longer show the sealed convictions or arrests.
Sealing a record also helps reduce the stigma associated with past offenses. This can improve an individual’s chances for better education, professional licensing, and participation in community life. In some cases, sealing a record can restore certain rights restricted due to the conviction.
However, it is essential to understand that sealed records are still accessible by law enforcement agencies for specific investigations. Some government agencies, such as those responsible for licensing or immigration, may access sealed records.
To learn about related rights restoration and legal help, check our criminal record help services.
What Are the Limitations and Important Considerations?
While SB 731 expands access to automatic record sealing, some important limitations remain. Records involving serious violent felonies or sex offenses cannot be sealed automatically. Additionally, sealing a record does not automatically restore the right to own or possess firearms; that requires a separate legal process.
Law enforcement agencies, prosecutors, and some regulatory bodies can still view sealed records. This means that while sealed records help in many ways, they do not erase the conviction or prevent all forms of background checks.
Another key consideration is that sealed records may still affect immigration proceedings. Immigration authorities may have access to these records, and sealing does not guarantee immunity from immigration consequences.
If you need more personalized advice, consider consulting an attorney or professional service, such as those we provide at Anshin Notary.
Frequently Asked Questions About SB 731 and Criminal Record Sealing
How Can I Find Out if My Record Qualifies for Sealing Under SB 731?
You can check your eligibility by reviewing your criminal history on the California Department of Justice website or by consulting a qualified legal professional. Our team at Anshin Notary can also assist you in understanding your eligibility and next steps.
Will My Record Be Sealed Automatically or Should I File a Petition?
SB 731 provides for the automatic sealing of eligible records after specific waiting periods. However, if you do not qualify for automatic sealing, you may still petition the court to seal your record. The process for petitioning is more involved and may require legal assistance.
How Long Does It Take for My Record to Be Sealed?
The time varies depending on the conviction type and sentence completion. Felony convictions are generally sealed four years after sentence completion, misdemeanors after one year, and arrests not leading to conviction after three years. It is essential to meet all requirements and wait the full period without new felony convictions.
Can Employers or Landlords See My Sealed Record?
Most employers and landlords cannot access sealed records when conducting background checks. However, some government agencies and licensing boards may still access these records for specific purposes.
Does Sealing My Record Restore My Right to Own a Firearm?
No. Sealing a record does not automatically restore firearm rights. To regain those rights, you must go through a separate legal process.
Conclusion
SB 731 is a significant step toward providing a second chance for many Californians with criminal records. By expanding automatic record sealing, the law helps reduce the barriers to employment, housing, and other opportunities. However, understanding the law’s eligibility criteria and limitations is crucial to maximizing these benefits.
If you or someone you know could benefit from criminal record sealing under SB 731, seek guidance early to navigate the process effectively. For more detailed assistance and legal support, visit Anshin Notary and explore our criminal record services.
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