California Expungement | Clean Slate Law California
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Written by: Eagle Eye Screening Solutions
Key Takeaways
- Under a 2023 bill, most California felony convictions will be automatically sealed four years after the conclusion of the case. Felony arrests, as well as misdemeanor arrests and convictions, will be sealed more quickly.
- Some convicted felons can petition for convictions to be sealed after two years.
California Clean Slate Act
On July 1, 2023, the California legislature passed a Clean Slate Act that automatically seals certain felony records after a specified period of time. Individuals are no longer required to file a motion for this to happen.
Most felonies will be sealed four years after release from prison, or immediately at the end of probation. This process does not restore the right to possess firearms. Some violent crimes are not eligible, nor are those that require registration as a sex offender. Felony arrests with no charges will be sealed after three years. Charges with no conviction will be sealed immediately on dismissal.
The state began automatically sealing misdemeanor records in 2022. Misdemeanors with jail time are cleared one year after release. Those with probation are sealed at the end of probation. Arrests with no charges are sealed immediately. Arrests with no conviction are sealed when the case is dismissed.
Other convicted felons can petition for their convictions to be sealed. They can do so two years after release from prison or end of probation, provided they have not been arrested during that time. Some violent crimes and sex crimes are not eligible. Granting the petition is at the discretion of the court.
California Background Check Laws
California is a “ban-the-box” state; employers may not ask about criminal records in the initial interview process. They must make a conditional offer of employment before any background check is initiated. They must obtain the applicant’s permission in writing. If the background check convinces them to rescind the offer, that must follow a process that includes informing the applicant and giving them a chance to challenge the adverse action.
They may not consider criminal convictions more that seven years old, nor may they look at arrests that didn’t result in convictions.
Expungement in California
California expungement seals the record but does not remove it from the system. Some petitioned expungements remove the guilty plea or conviction, allow the person to plead “not guilty,” then dismiss the case. The individual may legally and honestly state that they have not been convicted, but the record can be considered in sentencing if the person commits a new offense.
CRAs will not be able to retrieve criminal records that have been sealed. Should they somehow discover the information, they may not report on these records. They may not reports convictions more than seven years old or offenses that didn’t result in a conviction.
Bottom Line
California Clean Slate Law automatically seals records for felony convictions more than four years old. It provides for earlier sealing of misdemeanor records and felony arrests with no conviction. Felony offenders can petition for sealing after two years, which will be granted at the discretion of the court.
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