The Automatic Sealing of Arrest Records

Having one's arrest record sealed after a conviction has become increasingly important for individuals seeking to move forward with their lives after completing their sentences, or . Senate Bill 731 (SB 731), also known as the "Clean Slate Act," was signed into law in 2022 to expand opportunities for Californians to seal certain criminal records automatically. Here’s a comprehensive overview of the process for sealing criminal records in California under SB 731:
Understanding SB 731 and its Impact
SB 731 represents a significant step toward criminal justice reform in California by allowing individuals with certain low-level offenses to have their records sealed automatically, without the need for a petition. This legislation aims to reduce barriers to employment, housing, and education that are often faced by individuals with past criminal convictions, even after they have completed their sentences and demonstrated rehabilitation.
Eligibility Criteria
To qualify for automatic record sealing under SB 731, individuals must meet specific eligibility criteria:

1. Completed Sentence: The individual must have completed their sentence for the conviction, including any probation or parole.
2. No New Convictions: They must not have been convicted of any new offenses since their qualifying conviction. This includes both misdemeanor and felony offenses.
3. Eligible Offenses: SB 731 primarily targets low-level offenses, including certain misdemeanors and non-violent felonies. Offenses that involve violence, sex crimes, or serious felonies generally do not qualify for automatic sealing under this law.
4. Waiting Period: There is a waiting period after completion of the sentence before records can be sealed. For misdemeanors, the waiting period is generally two years from the date of conviction or release from custody, whichever is later. For felonies, the waiting period is generally five years.

Automatic Record Sealing Process
Under SB 731, the process for automatic record sealing is designed to be straightforward:

1. Identification of Eligible Cases: The California Department of Justice (DOJ) identifies cases that meet the criteria for automatic record sealing based on records in its database.
2. Notification to Courts: The DOJ notifies the courts where the convictions occurred of individuals who are eligible for record sealing under SB 731.
3. Court Review: The court reviews the identified cases and orders the records to be sealed if the individual meets all eligibility requirements. This process typically occurs without the individual needing to appear in court or file a petition.
4. Sealing of Records: Once the court orders the records sealed, the Department of Justice and other relevant agencies are notified to update their records accordingly. Sealed records are generally not accessible to the public and are treated as if they never existed, with exceptions for law enforcement and certain licensing purposes.

Benefits of Record Sealing
Sealing criminal records under SB 731 offers several benefits to individuals who qualify:

1. Improved Employment Opportunities: Many employers conduct background checks, and having a sealed record can enhance job prospects by removing barriers to employment.
2. Access to Housing: Landlords often perform background checks on prospective tenants. Sealing a criminal record can improve access to housing by mitigating concerns related to past convictions.
3. Education and Licensing: Some educational institutions and licensing boards may consider criminal history when admitting students or granting licenses. Sealing records can facilitate access to educational opportunities and professional licenses.
4. Peace of Mind: Individuals with sealed records can move forward with their lives without the stigma and limitations often associated with past criminal convictions.

Exceptions and Limitations
While SB 731 provides significant relief for many individuals with qualifying convictions, it's important to note some exceptions and limitations:

1. Excluded Offenses: Certain serious offenses, including violent felonies, sex crimes requiring registration, and other specified crimes, are not eligible for automatic record sealing under SB 731.
2. Pending Charges: Individuals with pending criminal charges or ongoing criminal cases are generally not eligible for automatic record sealing until those cases are resolved.
3. Impact of Sealed Records: While sealed records are generally not accessible to the public, there are exceptions. Law enforcement agencies and certain licensing boards may still have access to sealed records for specific purposes.

Process for Challenging Ineligibility
If an individual believes they are eligible for record sealing under SB 731 but their case was not identified or approved for sealing, they may have options to challenge the decision:

1. Consultation with Legal Counsel: Seeking advice from a qualified attorney who specializes in criminal record sealing can provide guidance on the eligibility criteria and options for challenging a denial.
2. Petition for Record Sealing: Individuals who do not qualify for automatic sealing under SB 731 may still petition the court for record sealing if they meet alternative eligibility criteria or if there are compelling reasons to seal their records.
3. Appeals Process: In cases where a petition for record sealing is denied, individuals may have the right to appeal the decision through the appropriate legal channels.

Conclusion
Senate Bill 731 represents a significant advancement in California's efforts to provide second chances and opportunities for individuals with past criminal convictions. By allowing for automatic record sealing of certain low-level offenses, SB 731 aims to promote rehabilitation, reduce recidivism, and enhance opportunities for employment, housing, and education. Understanding the eligibility criteria, the process for automatic record sealing, and potential exceptions is crucial for individuals seeking to take advantage of the benefits provided under this landmark legislation. For those navigating the complexities of record sealing in California, seeking guidance from legal professionals can help ensure that their rights are protected and that they receive the support needed to move forward with their lives.