BLOG

If the bill becomes law, many Californians could have eligible criminal records sealed. This is expected to help individuals obtain jobs, teaching credentials and other opportunities.

About The Bill

California’s Senate Bill 731 (SB731) would update existing law by amending, repealing and adding new sections to the Penal Code and the Education Code. If passed, the bill will:

• Allow a defendant who was convicted of a felony and has met specified criteria to petition to withdraw their plea of guilty or nolo contendere and replace it with a plea of not guilty after the completion of their sentence, as long as the conviction does not require registration as a sex offender.
• Make arrest record relief available to a person who has been arrested for a misdemeanor or felony, including a felony punishable in the state prison, if:
• They were arrested on or after January 1, 1973.
• The arrest was for a misdemeanor but the charge was dismissed or criminal proceedings have not begun within one year after the arrest.
• Or the arrest was for a felony punishable in the county jail and criminal proceedings have not begun within 3 years of the date of the arrest.
• Make conviction record relief available for a defendant convicted on or after January 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, post release community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense.

How This Affects The Education System

Californians who have certain conviction or arrest records might not be eligible to obtain teaching credentials. Currently, the Department of Justice (DOJ) provides criminal records data to the Commission on Teacher Credentialing with every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted.

SB731 would require the DOJ to provide information to school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other organization that is required to run background checks. However, if a record has been expunged, it will not be made available to any of those entities.

It would also prohibit the record of a conviction for possession of specified controlled substances that is more than 5 years old and for which relief was granted from being presented to the committee or from being used to deny a credential.

Learn more about the bill.

Support For The Bill

Both the California Assembly and State approved the bill. It was presented to Governor Gavin Newsom on August 26, 2022. Senator Maria Elena Durazo authored SB731 in the hopes that allowing people to expunge criminal records would help them re-enter society. She said: “About 75% of formerly incarcerated individuals are still unemployed after a year of their release. Something’s wrong there. We expect them to get back on their feet, but we’re not allowing them the resources to get jobs and have careers.”

Jay Jordan, the Chief Executive Officer of a criminal justice advocacy group supported the bill. He said that formerly incarcerated individuals are subjected to “post-conviction poverty” because they are often unable to obtain good jobs. By expunging criminal records, people are expected to gain more employment opportunities.

What Employers Should Know

When a record is expunged, it cannot be considered for employment or other purposes. To help ensure they do not inadvertently review sealed documents, employers are urged to work with a background check provider that is accredited by the Professional Background Screening Association (PBSA). Accreditation shows that screening company has proven they have high standards for providing current, accurate and reliable background reports.

If Your Organization Needs Background Checks

When you’re ready to bring on employees, contractors or volunteers, please contact us. Our team takes numerous steps to ensure we only provide current, reportable data that helps organizations make informed decisions and create safe workplaces.

We are available to assist you Monday through Friday from 5am to 6pm PT.