Second Chances Start Here

Educational Overview for Individuals Seeking Criminal Record Relief

This content is provided for educational and informational purposes only. It is not legal advice and does not create a -client relationship. Laws change and individual circumstances vary. You should consult with a qualified attorney to obtain advice specific to your situation.

California has significantly expanded access to criminal record relief in recent years. Two major frameworks now shape this landscape:

• Automatic Record Relief (“Clean Slate” laws, including AB 1076)
• SB 731 (expanded record sealing for certain felony convictions)

These laws are often misunderstood as conflicting. In reality, they operate together, but with important distinctions that can materially affect outcomes.

California’s automatic relief system was designed to reduce barriers for individuals with qualifying records by eliminating the need to file a petition in many cases.

• Applies to certain arrests and misdemeanor or low-level felony convictions
• Requires:
  • Completion of sentence
  • No active charges
  • No disqualifying offenses
• Relief is granted automatically after a waiting period

• Does not apply to many felony convictions, especially those involving prison time
• Relief may still leave records visible in some contexts
• Eligibility criteria are strict, leaving many individuals excluded

SB 731 represents a broader and more impactful reform, particularly for individuals previously excluded from automatic relief.

• Allows record sealing for certain felony convictions, including cases involving prior prison sentences
• Eligibility typically requires:
  • Completion of sentence and supervision
  • A waiting period (commonly 4 years for eligible felonies)
  • No new felony convictions during that period
• Results in sealing of the record, making it inaccessible to the public in most situations

Understanding the distinction is critical:

• Expungement (Penal Code §1203.4):
  • Case is dismissed
  • Record remains visible in many background checks
  • Often still must be disclosed in certain contexts
• Record Sealing (SB 731)
  • Record is hidden from public access
  • Stronger form of relief
  • Greater impact on employment and housing opportunities

No. These laws do not override one another.

Instead:

• The automatic relief system provides a baseline level of access
• SB 731 expands eligibility and offers stronger outcomes

In practice, they function as complementary pathways, not competing ones.

Individuals may fall into one of several categories:

• Eligible for automatic relief only
• Eligible for SB 731 relief only
• Eligible for both, but with different timelines and outcomes

Because of these overlaps:

• Some individuals may benefit from multiple forms of relief over time
• Others may need to pursue a specific legal strategy to maximize results

Although these laws aim to simplify access to relief, determining eligibility can still be complex due to:

• Differences in offense classification
• Timing requirements
• Prior criminal history
• Overlapping statutes

An attorney can evaluate your record and identify the most effective path to relief under current law.

California’s evolving record relief laws offer meaningful opportunities, but they require careful navigation. SB 731 does not replace existing automatic relief systems; it enhances them by expanding access and strengthening outcomes for eligible individuals.

To understand how these laws apply to your situation, consult with a qualified legal professional.