California Senate Bill 731 (SB 731) expands post-conviction record relief by providing automatic record sealing for eligible felony convictions and arrests.
Under Penal Code § 1203.41 and related DOJ mandates, SB 731 automatically seals criminal history records for most non-violent, non-serious felony convictions four years after completing all terms of a sentence, probation, or parole—without requiring a court petition.
By expanding automatic record relief, SB 731 removes long-standing barriers to employment, housing, and professional licensing for millions of Californians.
Key Eligibility Requirements Under SB 731
To qualify for automatic felony record relief or discretionary post-conviction dismissal under SB 731, specific statutory conditions must be met:
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Relief Type |
Statutory Eligibility Criteria |
Exclusions & Exemptions |
| Automatic Arrest Record Relief | Uncharged felony arrests automatically clear after 3 years; misdemeanor arrests clear after 1 year. | Pending criminal charges or active warrants. |
| Automatic Felony Conviction Relief | Sentence completed on or after Jan 1, 2005; no new felony convictions for 4 consecutive years. | Serious felonies, violent felonies, and offenses requiring sex offender registration. |
| Discretionary Court Petition | Defendants sentenced to county jail or state prison who do not qualify automatically can petition the court. | Dismissal is granted at the judge's legal discretion based on case circumstances. |
Key Protections and Provisions of Senate Bill 731
1. Automatic Department of Justice (DOJ) Monthly Reviews
The California Department of Justice maintains state criminal history databases and performs monthly automated reviews. The DOJ automatically identifies eligible arrest and conviction records and grants relief without requiring defendants to file formal court motions or pay legal fees.
2. Professional Licensing and Teacher Credentialing Protections
SB 731 prohibits the Commission on Teacher Credentialing from considering convictions for specified controlled substance offenses that are more than five years old and have received record relief. This prevents old drug possession charges from automatically disqualifying applicants from obtaining or renewing teaching credentials.
3. Impact on Employer Background Checks
Under SB 731, commercial background check agencies and consumer reporting companies are prohibited from accessing sealed criminal records. Employers cannot view, request, or consider sealed "less severe" felony offenses when making hiring, promotion, or termination decisions.
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Out-of-State Employer Considerations: Because out-of-state screening agencies may experience delays adapting to California DOJ sealing mandates, applicants should monitor background check reports for erroneously reported sealed records.
4. Firearm Rights and Gun Ownership Restrictions
SB 731 does not restore firearm rights. Record relief granted under SB 731 does not lift California state or federal gun bans resulting from felony convictions or domestic violence offenses. Restoring the right to own or possess a firearm after a disqualifying conviction generally requires a formal Governor's Pardon.
How to Petition the Court for Non-Automatic Record Relief
While SB 731 automates relief for many individuals, complex cases—such as DUI convictions or older state prison sentences—often require manual petitions to the court clerk and District Attorney.
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File a Petition for Relief: Submit formal motion paperwork to the Superior Court in the county where the conviction occurred.
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Serve the Prosecution: Serve copies of the petition to the District Attorney's office and relevant law enforcement agencies.
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Address DA Objections: If the prosecution opposes the motion, your post-conviction attorney must present oral arguments at a formal court hearing to persuade the judge to exercise discretion in granting relief.
Frequently Asked Questions (FAQs)
What is California Senate Bill 731?
Senate Bill 731 is a California law that automatically seals eligible felony arrest and conviction records once a person completes their sentence and remains free of new felony convictions for four years.
Which offenses are excluded from automatic record relief under SB 731?
SB 731 excludes serious felonies (Penal Code § 1192.7), violent felonies (Penal Code § 667.5), and any criminal offense requiring registration as a sex offender under Penal Code § 290.
How long does it take for uncharged felony arrests to clear under SB 731?
Felony arrests that do not lead to formal criminal charges are automatically removed from public record databases three years after the date of arrest.
Does SB 731 automatically restore my right to own a firearm?
No. SB 731 specifically preserves firearm restrictions. Obtaining record relief or expungement under this bill does not override state or federal gun prohibitions.
Do I need a lawyer if SB 731 provides automatic relief?
A post-conviction defense attorney is vital if your record involves complex offenses, if background check agencies fail to update sealed DOJ files, or if you must petition the court directly for discretionary relief.
The Esfandi Law Group in Los Angeles can help you. Schedule your free consultation at (310) 274-6529 or use the contact form.
