New California Law SB 731

California has been actively introducing bills for automatic consideration of relief and dismissals of certain categories of arrest records and convictions by the Department of Justice. Here’s what California SB 731 is and how it may potentially impact the background screening process.

What is SB 731?

California Senate Bill 731 is an expansion of the California Clean Slate Law that is already in effect. The law is designed to provide further post-conviction relief and arrest dismissal for those who qualify. Here are a few of the highlights of the bill:

• SB 731 was introduced in February 2021 and signed into law by California Governor Gavin Newsom on September 29, 2022.
• SB 731 amends Section 851.93 and Section 1203.425 of the California Penal Code, which took effect on July 1, 2023. Among other things,
  • Section 851.93 is amended to read:

“On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section.”

• • Section 1203.45 is amended to read:

“On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet [certain] criteria . . . and are eligible for automatic conviction record relief.”

To learn more about SB 731 in detail, take a closer look here.

Criteria for Arrest Dismissals under SB 731

The following are just some of situations that may qualify for arrest dismissals under SB 731:

• Arrests for misdemeanors where the charge has been dismissed.
• Arrests for misdemeanors if: (1) there is no indication that criminal proceedings have been initiated, (2) at least one calendar year has elapsed since the date of the arrest and no conviction occurred, or (3) the arrestee was acquitted of any charges that arose from the arrest.
• Arrests that punishable by eight or more years in prison if:
  • There is no indication that criminal proceedings have been initiated;
  • At least six years have passed since the arrest date, and no convictions have occurred; or
  • The arrestee has been acquitted of charges arising from that arrest.
• All other felony offenses not covered above if:
  • There is no indication that criminal proceedings have been initiated;
  • At least three years have passed since the arrest date, and no convictions have occurred; or
  • The arrestee has been acquitted of charges arising from that arrest.
• Individuals who have fully completed a prefiling, pretrial, drug, or other diversion program, or a deferred entry of judgment program.

Potential Impact on Background Screening

What does this mean for background checks? We may see an increase in the number of cases eligible for expungement relief under this expansion.

Californians for Safety and Justice estimates that a minimum of 225,000 Californians will see their prior convictions automatically sealed, with over a million individuals becoming eligible to initiate the petition process before a judge. However, the review and processing of the cases under the monthly audit conducted by the California Department of Justice may take several years to complete.

California’s SB 731 only directly impacts eligible records in the State of California. However, out-of-state employers could still potentially be affected if they seek records from the State of California. Additionally, these laws are becoming more common across states. Employers looking for more information on how this could affect them may want to consult their attorney.