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A bill that was signed in 2022 to allow California residents to get relief for various types of arrest and criminal records goes into effect on October 1, 2024.

Senate Bill 731

California’s Senate Bill 731 (SB731) was signed into law back in 2022 but was not scheduled to go into effect until October 1, 2024. It was written to help residents get various records sealed or expunged and prevent an array of adverse actions.

SB731:

• Decrees that if a conviction for possession of specified controlled substances that is more than 5 years old was granted relief, it cannot be used to deny teaching or service credentials.
• Grants arrest record relief for felonies if the charge was dismissed or criminal proceedings were not initiated within one year after the arrest.
• Allows conviction record relief for a defendant who was convicted on or after January 1, 2005 of a felony for which they did not complete probation without revocation and if the person appears to have completed all terms of incarceration, probation, mandatory supervision, post-release community supervision, and parole after 4 years.
• Prohibits the Department of Justice to send conviction information to educational institutions if the records are more than 5 years old and relief was granted.

Expunctions

Californian’s who have certain types of felonies will also be permitted to petition for expungement. The prosecuting attorney for each case will be given 15 days’ notice about any such petition and may file an objection.

When a petition is approved, then that request will continue through the court process.

Exceptions

California’s SB731 specifies that relief is not available in certain scenarios. Examples include:

• If the person is required to register as a sexual offender.
• A prosecuting attorney files an objection that is approved.
• Convictions for violent offenses or higher-level felonies.
• If the person has an active record for local, state or federal supervision in the Supervised Release File.

Key Takeaway For Employers

Employers in California should be aware that SB731 goes into effect in October and prepare for compliance. Once the law is active, eligible people may have various records expunged. When that happens, those records cannot be used to help make employment or other decisions about any consumer.

One of the most reliable ways for employers to avoid reviewing records that are no longer publicly available is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must go through an audit conducted by a third party and demonstrate that they follow reasonable steps to ensure the records they provide are accurate, up to date and reportable.

Running Background Checks

Employment background checks are a crucial component of the hiring process. They help hiring managers make informed decisions and maintain safe working environments. Organizations rely on them to help build strong teams and avoid unnecessary risks.

If your business is bringing on employees, contractors or volunteers, please contact us. Our highly trained team can help you customize screening packages that meet your particular needs, comply with relevant laws and follow industry standards. We’re available to assist you Monday through Friday from 5am to 6pm PT.