The California Clean Slate Act (SB 731) automates the sealing of criminal records for eligible arrests and convictions. This will enable you to clear qualifying misdemeanors and non-violent, non-serious felony convictions once you meet the statutory crime-free wait periods.
Key Takeaways
- Your records will be automatically sealed 1 year (misdemeanor) or 4 years (felony) after you have completed all custody, probationary, and financial obligations, and if no new charges are pending.
- Serious felonies, violent felonies, and sex offender registerable offences are ineligible for consideration under the California Clean Slate Act (SB 731).
- Sealed records are accessible to law enforcement, federal agency background checks, etc.; they are only inaccessible for commercial background checks.
California’s Clean Slate Act provides an opportunity for eligible individuals to seal parts or the entirety of their criminal records from being accessed during public and commercial background checks. If you have a prior conviction on your record, understanding whether you qualify for an automated record sealing can help you move forward with employment, housing, and educational opportunities.
What Is the California Clean Slate Act (Senate Bill 731)?
The Senate Bill 731 (the Clean Slate Act) is a historic piece of criminal justice reform legislation in California. It greatly expands the state’s automatic record-clearing/sealing program. With this new law expanding upon prior Clean Slate initiatives, California has become the only state in the US to allow automated record sealing of certain felony convictions, including those where the defendant has served jail time in state prison. This landmark reform is a massive help to individuals who have completed their criminal sentence and are otherwise qualified.
The primary intent of this act is to help eliminate systematic barriers faced by rehabilitated individuals when exploring housing or employment opportunities and licensed occupations. According to this act, citizens no longer have to go through expensive, complex, and intimidating court petition processes to have their criminal record sealed. Today, California’s state database is swept every month to identify eligible criminal records that are then automatically sent for sealing as soon as all requirements are met. However, older records (cases completed before January 1, 2005) still require court petitions for record sealing.
| Record Classification | Sealing Mechanism | Required Waiting Period |
Required Completion Status |
| Arrests Without Conviction | Automated Sealing | 1 to 4 Years (Based on Offense) | No formal charges were filed or case dismissed. |
| Misdemeanor Convictions | Automated Sealing | 1 to 4 Years (Post-Sentence) | All probation terms were completed successfully. |
| Qualifying Felony Convictions | Automated Sealing | 4 Years (Post-Sentence) | Complete sentence, parole, or PRCS served. |
| Excluded Felony Convictions | Formal Court Petition Required | Variable (Case-Specific) | Requires DCD LAW litigation. |
Table: Eligibility Scenarios for the California Clean Slate Act (Senate Bill 731)
What are the Eligible Criteria for the California Clean Slate Act (SB 731)?
California law generally focuses on individuals who have completed their sentence and remained free from additional criminal convictions for a specified period. Your eligibility for automatic record sealing will depend on multiple factors, including the specific nature of the original offense, the final result of the case, and how much time has passed since you completed your sentence.
Arrest Records That Are Automatically Sealed
The California Clean Slate Act provisions for arrests that do not result in convictions to be automatically sealed. Possible scenarios for automatic record sealing may include cases where:
- The prosecutor hadn’t filed a case for an arrest.
- The court had dismissed all criminal charges during pretrial proceedings.
- The defendant was acquitted of all charges by a jury.
- The defendant has completed a pre-filing diversion program or a post-plea drug court program.
Felony Convictions That Are Eligible for Automatic Record Sealing
Non-serious, non-violent, and non-registrable felony convictions qualify for automated sealing under the expanded SB 731 framework. This inclusion represents a major shift in California law, as it allows defendants who have served actual state prison sentences for these offenses to be eligible for having their records sealed. The table below demonstrates all possible criteria that a defendant must complete to be eligible for automatic record sealing under the Clean Slate Act.
| Condition | Requirement |
Detail |
| Conviction type | Non-serious, non-violent, non-sexual felony | Must not appear on the PC 1192.7(c) or PC 667.5(c) lists |
| Sentence completion | All terms fully served | Prison, probation, parole, mandatory supervision, fines, court-ordered programs |
| Crime-free period | 4 years since the case ended | No new felony conviction during this period |
| No protective orders | No outstanding criminal protective orders | Active protective orders prevent sealing |
Table: The Clean Slate Act Eligibility Matrix
Criminal offenses that are permanently excluded
Key categories of criminal convictions that are permanently barred from being eligible for automated sealing under the California Clean Slate Act include:
- Violent Felonies (California Penal Code § 667.5(c) PC)
- Serious Felonies (California Penal Code § 1192.7(c) PC)
- Sex Offenses Requiring Registration (California Penal Code § 290 PC)
- Domestic Violence / Specific Abuse Convictions
How can DCD LAW Help You Get Your Records Sealed?
California’s automated sealing system is heavily dependent on complex database algorithms and consistent electronic reporting between local county courts and the California DOJ. Hence, common obstacles such as data-entry backlogs, missing court records, and administrative failures can often prevent your criminal record from being automatically sealed.
When this happens, you will need a specialized felony expungement attorney to step in and get the job done. This is where DCD LAW and our expert team of attorneys can help you. We will audit your official DOJ record, identify the reporting bottleneck, and file a formal petition with the court to force the sealing process.
Additionally, we will also investigate offenses that do not automatically qualify for the Clean Slate Act and determine alternate strategies to have them sealed. An example of this could be:
If your offense can be classified as a “wobbler”, we will file a formal motion under California Penal Code § 17(b) PC to reduce it to a misdemeanor. Once the charges are reduced, your criminal record becomes eligible to be sealed or expunged under California Penal Code § 1203.4 PC.
Our proactive defense attorneys ensure special attention to all of our clients, working tirelessly to clean up your record through necessary communication with prosecutors, judges, etc.
Clean Your Slate & Move Forward
The Clean Slate Act is just what the name suggests – it allows you to clean up the slate that is your criminal record and move forward with employment, housing opportunities, professional licensing, etc. Although your record is still there, private entities can no longer access it, meaning your background checks are no longer affected by your past mistakes. Essentially, this gives you a second chance to get your life in order without the burden of past mistakes dragging you down.
Wondering Whether your Criminal Record Qualifies for the Clean Slate Act?
Stop wondering any further and connect with our felony expungement attorneys right away. We will help you with criminal defense, post-conviction relief, expungements, record reviews, and other legal remedies. And if you are still unsure about whether the Clean Slate Act applies to your situation or not, we will do a professional evaluation to suggest the best course of action for the desired outcome.
Frequently Asked Questions
If My Criminal Record is Sealed Under the California Clean Slate Act (SB 731), Will My Second Amendment Gun Rights in California Be Restored?
No, the automatic record sealing under the Clean Slate Act will not restore your right to own, possess, or purchase firearms. If your gun rights have been revoked due to a prior felony conviction, only a full Governor’s Pardon can restore your firearm rights.
How Will the Clean Slate Act Affect My Application for State Professional Licenses?
When it comes to state professional licenses (like nursing or real estate), the Clean Slate Act does not prevent state licensing boards (like the Medical Board or Department of Real Estate) from accessing your sealed arrest and conviction records for background checks during licensing applications. However, private employers cannot access your sealed records.
What Will Happen to My Sealed Record When I Am Arrested for a New Offense?
If you are arrested or convicted of another offense after a prior arrest record has been sealed, the previous arrest record may be unsealed and accessed by prosecutors and the court. This unsealed record can then be used to enhance sentencing or as evidence of a “strike” under California’s Three Strikes Law.
Can My Criminal Record From Another State Be Sealed Under the Clean Slate Act?
No, the Clean Slate Act only covers offenses, arrests, and convictions that were made under the laws of the State of California. Offenses committed in other states or crimes prosecuted under federal law fall beyond the jurisdiction of California law and, therefore, are not covered by the Clean Slate Act.
How Can I Verify Whether the California DOJ Has Automatically Sealed My Record?
You can request a copy of your official criminal history record (commonly known as the “Rap Sheet”) from the California Department of Justice. You must submit a Livescan fingerprint through a Record Review process and get updated information on your record sealing status.
