How to Expunge My Record

The new Fresh Start Act (SB-731), which takes effect on July 1, 2023, significantly expands expungement eligibility and relief for those who have “served time.” Similar to AB-1793, this law grants the Department of Justice the ability to automatically review, seal, and/or expunge a wider range of criminal records if certain criteria are met.

The Fresh Start Act was passed with the intention of removing barriers to employment, housing, and education enrollment for those who have served time. Historically, the justice-impacted community has faced detrimental obstacles that prevent them from successfully reintegrating into society, which has only furthered socioeconomic and racial inequity. Although it is not a complete solution to erase inequity, the new law provides a way for the justice-impacted community to apply for jobs, apply for housing, and obtain higher education and other training opportunities without the burden of a public criminal record holding them back from achieving a better life

Anyone with an infraction, misdemeanor, felony non-conviction, or felony that is not classified as serious or violent, may be eligible for automatic expungement if they have completed the terms of their sentence (including time served, probation, mandatory supervision, post release community supervision, criminal protective orders, fines, and/or parole) and do not receive any new criminal convictions 4 years after completion of their sentence. The new law applies regardless of whether someone was incarcerated in a county jail or a state prison. Over 200,000 Californias are currently eligible for automatic expungement under SB-731.

The new law goes into effect immediately on July 1, 2023, and the Department of Justice will automatically begin reviewing all California criminal records and granting automatic relief on a monthly basis thereafter. We do not know yet how long it will take for individuals who are currently eligible to have their records sealed by the DOJ after the new law goes into effect.

Yes, it is important to note that a prosecutor, probations officer, or the California Department of Corrections may still file a petition with the DOJ to prevent a person from receiving automatic relief if they can prove that the person would pose a “substantial threat to public safety.” The burden of proof rests on the petitioner, not the person seeking relief.

Yes. Although your records are no longer publicly accessible, it can still be accessed in limited circumstances by law enforcement and government agencies:

If you are applying for public office, government jobs, government security clearance, or any job requiring state or local government licensing (including employment as a police officer or as a teacher or school employee)

During law enforcement background checks (note: the convictions will appear as dismissed per PC 1203.4)

By court order. By the state justice department

Under these circumstances, you must disclose your criminal record upon request (i.e: when you receive a court order or if there is a question asking about your criminal record on an employment application in the sectors described above. Note that you DO NOT need to disclose your criminal record in private sector employment applications.

Yes, if you do not meet all of the criteria for expungement, or if you are otherwise eligible aside from a serious and violent felony conviction, you may still submit a petition for expungement to a court. Keep in mind that you will need to complete sentencing requirements, complete probation, pay fines, provide positive reference letters, and show proof of rehabilitation in a narrative letter to successfully petition for expungement.

Sealing or expunging your criminal record will NOT restore your firearm rights. Even if you have your conviction expunged or sealed, the mandatory 10-year waiting period still applies. The only way this requirement can be lifted is by court order.

In 2022 California leaped to the forefront of record clearance law with new legislation to expedite and expand record clearance for eligible individuals. Senate Bill 1106, signed by Governor Gavin Newsom on September 29, 2022, implements significant changes to how outstanding restitution fines and orders are treated during record clearance proceedings. Before this bill, unpaid orders for victim restitution or unpaid restitution fines often barred record clearance, even in situations where record clearance was mandatory. 

Previously, courts had discretion whether to grant or deny parole or probation if a person did not pay off fines or restitution. It is important to note SB-1106 provides that those who have unpaid fines or victim restitution, but meet all other criteria, are still eligible to have their records automatically sealed/expunged and cannot be denied eligibility because of unpaid fees alone. 

Additionally, payment of fees or restitution are often a condition of probation or parole. Under the new law, unpaid fines or fees can no longer be considered violations of probations or parole, if all other probation requirements are met.

No, although unpaid fines or restitution are no longer considered in whether a court will grant or deny completion of probation, parole, or automatic criminal record sealing relief under the Fresh Start Act, restitution and fines may be converted into civil judgments that you are still required to pay. Civil judgements are enforced by wage garnishment, withheld tax refunds, and bank account levies

Although the new law provides relief for a wide range of criminal convictions and a large amount of justice-impacted individuals, it does not apply to individuals who are required to register as sex offenders, individuals with federal criminal charges, or individuals who were convicted of a serious and violent felony (under PC sections 1192.7 and 667.5), including murder, attempted murder, manslaughter, kidnapping, rape, assault with a deadly weapon, robbery, and similar offenses. However, individuals who were convicted of serious and violent felonies are still eligible to submit a petition to a court for expungement.

Not yet. There are currently two bills being considered by Congress and the US House of Representatives, the federal Clean Slate Act and the Fresh Start Act. If passed, both bills would provide relief for federal crimes similar to California’s Fresh Start Act passed this year. Individuals who are potentially eligible include those who have had their convictions dismissed and those who were convicted of low-level, nonviolent drug offenses after successfully completing the terms of their sentence.

No, the process is automatic and those who are eligible are automatically considered each month beginning in July of this year. However, you can always request a copy of your criminal records (aka “rap sheet”) from the California Department of Justice to see if your record has been sealed under the new law, or you can request for information on the status of your eligibility or where you stand in the review process by contacting your county Public Defender’s office.

Expungement means that a criminal conviction is legally considered “dismissed.” In other words, a person’s criminal record will reflect that they were convicted of a crime, but the charges were ultimately dismissed. Sealing a record means that a person’s criminal record relating to the conviction in question is no longer accessible to the public. However, sealed records may still be accessed by law enforcement and by court order. Obtaining both means that a person’s criminal record is virtually destroyed, because not only does a person’s criminal record reflect a dismissal of a criminal conviction, but a person’s criminal record relating to the now-sealed conviction is also no longer publicly accessible.