Legislative Advisory: SB 731 (Durazo, Chapter 814 Statutes of 2022) - Criminal Records: Relief

SB 731 (Durazo, Chapter 814 Statutes of 2022) - Criminal Records: Relief was signed by Governor Newsom on September 29, 2022, and relevant sections will become operative July 1, 2023. This bill affects sections of the Penal Code, among others, and does the following:

1) Expands automatic arrest record relief to include arrests for felonies punishable by state prison, as specified, operative July 1, 2023, subject to an appropriation in the annual Budget Act.

2) Expands automatic conviction relief to include felonies committed after January 1, 2005, where the defendant was not granted probation and did not complete probation without revocation. Excludes serious and violent felonies, and felonies requiring registration as a sex offender. Operative July 1, 2023, subject to an appropriation in the annual Budget Act.

3) Expands discretionary expungement relief to include felonies where the defendant was sentenced to state prison, rather than just realigned felonies.

This change restricts the information the Board can consider when an individual with a criminal history applies for licensure.