Nation’s Most Expansive Record-Clearing Law, SB 731 Now in Effect in California

As someone who is passionate about justice and the rights of those with criminal records, I’m thrilled to share groundbreaking news on a recent criminal justice reform measure in California. In a year filled with high-profile legislation, one law stands out as a beacon of progress, marking California as a trailblazer in criminal justice reform.

California’s Automatic Record Sealing Law: A Game-Changer

California lawmakers have quietly approved one of the most far-reaching criminal justice reform measures in the nation. This transformative law, set to take effect in July, positions California as the first state to automatically seal most criminal records for individuals who have completed their sentences. The driving force behind this legislation is the recognition that lingering criminal records can hinder reintegration into society, impacting job opportunities, housing, education, and more.

Expansive Record-Clearing Law: A Legal Milestone

Jeff Selbin, Director of the Policy Advocacy Clinic at the U.C. Berkeley School of Law, aptly describes this legislation as “the most expansive and comprehensive record-clearing law of its kind in the country.” Building on a previous state law, the new measure sets a precedent for a proactive approach to criminal record clearance, offering a fresh start for many.

Key Provisions of the Law:

  • Automatic sealing of conviction and arrest records for most ex-offenders who remain felony-free for four years post-completion of their sentences.
  • Inclusion of sealing records of arrests that did not result in convictions.
  • Exceptions for individuals convicted of serious and violent felonies, as well as those requiring sex offender registration.
  • Disclosure of criminal histories in certain background checks for sensitive professions like education, law enforcement, and public office.

Challenges and Advocacy:

While the legislation has widespread support for its potential to empower individuals and communities, it faced opposition from some law enforcement advocates. The Peace Officers Research Association of California expressed concerns about the impact on community safety, arguing that dismissing records could reduce the deterrent effect on violent criminals.

The Clean Slate Movement: A Nationwide Trend

This California law aligns with the broader nationwide movement known as the “Clean Slate” initiative, which aims to clear criminal records and rectify the lasting impact of online records on individuals post-sentence. Advocates argue that such punitive measures disproportionately affect Black and Latino communities.

Impact on California’s Population:

California is home to eight million people with criminal records, and at least 225,000 are expected to benefit from automatic record sealing under this new law. The Alliance for Safety and Justice, a national criminal justice reform group, projects a positive impact on employment and economic potential for millions of Californians.


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