California Senate Bill 731

California Senate Bill 731 (SB 731), signed by Governor Gavin Newsom on September 29, 2022, and in full effect since July 1, 2023, represents the most comprehensive record-sealing reform in California’s history. The measure expands automatic relief for millions of closed felony and misdemeanor cases while creating a new petition-based pathway to seal older records that would otherwise remain public for life. By converting many convictions into sealed entries that do not appear on most commercial background checks, SB 731 offers Angelenos an unprecedented opportunity to reclaim employment, housing, and professional licensing prospects that criminal history has long placed out of reach.

California’s Senate Bill 731 framework is best understood in two parts:

• Automatic record relief is applied to newer cases that the state can verify without a court hearing.
• Petition-based sealing for older felonies, including many non-serious, non-violent offenses, after a longer waiting period and a showing of rehabilitation.

This dual approach eases administrative burdens on courts, while still giving judges discretionary oversight where public-safety concerns remain within the broader criminal process.

How The Senate Bill 731 Changes Conviction Sealing in Los Angeles

Los Angeles County has the most extensive single criminal court system in the nation. Before SB 731, people looking to clean up their record relied primarily on:

• Penal Code § 1203.4 “expungements,” which dismiss convictions but leave them visible for most licensing boards and government employers.
• Certificates of rehabilitation or gubernatorial pardons are challenging to obtain and are rarely granted in cases involving misdemeanors.

The Senate Bill 731 now lays a more potent remedy on top of these tools by:

• Converting qualifying convictions into sealed entries that do not show up in the statewide criminal-history repository disclosed to most non-law-enforcement entities.
• Narrowing the list of agencies that may legally ask about, or access, a conviction once sealed (for example, certain peace-officer hiring authorities and state justice departments remain exceptions).
• Providing structured timelines so that eligible defendants know exactly when relief will occur, often without ever having to file a form.

Understanding Automatic Record Relief vs. Petition-Based Relief Under SB 731

Automatic Relief. For cases completed on or after January 1, 2005, the California Department of Justice (DOJ) now performs a monthly sweep of its database:

• Misdemeanors: Automatically sealed one year after all custody, supervision, and financial obligations are fulfilled, provided no new charges are pending.
• Most felonies (non-serious, non-violent, non-sex registry offenses): Automatically sealed four years after all terms are satisfied, provided the person remains conviction-free during that window.

The defendant receives no paperwork in advance; the DOJ simply updates the record and issues an amended rap sheet.

Petition-Based Relief. A formal petition in the Los Angeles Superior Court is still required when:

• The conviction predates January 1, 2005.
• The offense is a “wobbler”felony that was reduced to a misdemeanor, but fails to meet the automatic criteria.
• A new arrest, probation revocation, or outstanding restitution paused the waiting-period clock.

Petitions are filed in the sentencing courthouse. A judge may deny relief if clear and convincing evidence shows the petitioner poses “an unreasonable risk to public safety.” Unlike expungements, a sealing petition under SB 731 does not require prosecutors to prove a specific benefit to the state; the burden shifts toward relief.

Eligibility Requirements for California Senate Bill 731 Record Sealing

A conviction may qualify for California’s Senate Bill 731 sealing if all of the following are true:

• The sentence, including jail, prison, probation, parole, mandatory supervision, and any court-ordered classes or fines, has been fully served.
• The statutory waiting period (one year for misdemeanors and four years for most felonies) has elapsed without a new conviction.
• The offense is not:
  • A severe or violent felony listed in Penal Code § 667.5(c) or § 1192.7(c).
  • A crime requiring lifetime sex-offender registration.
  • A conviction for any offense where a public-records sealing is specifically prohibited by another statute (for example, certain public-corruption crimes).
• No restitution or victim-compensation balance remains unpaid, unless the court, upon petition, finds good cause to waive or defer that amount.

Who Is Not Eligible for SB 731 Criminal Record Sealing in California?

California’s Senate Bill 731 does not seal:

• Any conviction requiring lifetime sex-offender registration under Penal Code § 290.
• Any felony for which the defendant served a state prison term for a serious or violent offense.
• Any crime where sealing would conflict with federal law (for example, certain firearms disqualifications remain reportable under federal background-check rules).
• Open charges or cases still on probation; only closed matters qualify.

Individuals barred from automatic relief may still pursue other remedies, such as traditional expungement, reduction of a felony to a misdemeanor, or, in limited circumstances, a gubernatorial pardon. An experienced attorney can determine the fastest route.

Critical Waiting Periods and Deadlines for SB 731 Relief in Los Angeles

Because the DOJ sweep occurs monthly, eligible records do not seal immediately upon the end of the waiting period. Clients often see their history vanish within 30–90 days after the anniversary date, but delays occur when:

• The court fails to transmit minute-order updates to the DOJ.
• Restitution balance updates have not been posted.
• A probation-revocation action is still marked “pending,” even if later dismissed.

When the DOJ sweep does not clear a qualified record, a manual petition citing the same SB 731 authority can be used to compel compliance.

Benefits of Record Sealing Under California Senate Bill 731

Sealing offers advantages that go well beyond traditional expungement:

• Employment freedom: Most private and many public employers in California may no longer ask about or consider a sealed conviction. Applicants can legally answer “No” when a job application inquires about their criminal history—unless the position falls within a narrow class of exempt sectors, such as law enforcement, school districts, or healthcare facilities dealing with vulnerable populations.
• Housing access: Major property-management companies rely on third-party data aggregators. Once the DOJ seals a record, those aggregators must remove the data within 30 days of receiving notice, which drastically improves rental-application approval rates.
• Professional licensure: Boards governing real estate, nursing, and other regulated professions generally treat sealed convictions as non-reportable. Licensing authorities that remain entitled to review them must still consider the applicant rehabilitated after the statutory period has elapsed.
• Educational opportunities: Colleges and trade programs that perform background checks are far less likely to deny entry based on a sealed record.
• Restored privacy: Online mug-shot galleries, newspaper archive databases, and social-media discussion boards cannot lawfully republish sealed conviction data. Victims of criminal-history “doxing” often see immediate reputation benefits.
• Reduced immigration risk: While sealing does not erase a conviction for federal immigration purposes, presenting a sealed record alongside rehabilitation evidence may favorably influence discretionary relief.

SB 731 vs. Expungement: Complementary, Not Competing

Expungement remains an essential first step because:

• It vacates the conviction, allowing the record to reflect a dismissal under Penal Code § 1203.4.
• It can be completed before the SB 731 waiting period ends, which often accelerates professional-licensing review.
• A granted expungement can strengthen the argument that sealing serves the interests of justice if a petition is required in the future.

Clients who obtain both remedies enjoy the strongest possible protection against background-check discrimination. Kraut Law Group Criminal & DUI Lawyers routinely file concurrent expungement motions and California’s Senate Bill 731 sealing petitions to maximize results.

Why Choose Kraut Law Group Criminal & DUI Lawyers for SB 731 Relief?

With former Deputy District Attorney Michael E. Kraut at the helm, our firm offers a uniquely informed perspective on post-conviction relief:

• First-hand prosecutorial insight: Having handled thousands of felony and misdemeanor filings, Mr. Kraut anticipates the arguments local D.A. units raise when contesting sealing petitions.
• Proven results in Los Angeles courthouses: From Clara Shortridge Foltz downtown to branch courts in Van Nuys, Torrance, and Long Beach, our attorneys have a proven track record of securing this type of relief.
• Comprehensive strategy: We evaluate eligibility for expungement, reduction, Certificate of Rehabilitation, and immigration consequences before choosing the optimal path.
• Personalized representation: Every petition includes a tailored rehabilitation narrative, letters of reference, proof of employment, volunteer history, educational certificates, and any documentation of treatment completion that highlights a client’s growth.
• Direct attorney contact: Clients communicate with senior counsel, not paralegals, throughout the process. We return most calls and emails the same day.

Frequently Asked Questions About California’s Senate Bill 731 Conviction SealingTake the Next Step Toward Clearing Your Criminal Record in Los Angeles

Life in Los Angeles is competitive; one criminal record entry can derail a dream career or apartment application. Whether your goal is joining a union in the entertainment industry, obtaining a contractor’s license, or simply providing a better future for your family, SB 731 relief can open doors that have been closed for years.

Kraut Law Group Criminal & DUI Lawyers will:

• Review your entire record.
• Identify every path to relief, including expungement, reduction, or dismissal of probation violations.
• Draft and file a persuasive petition for relief.
• Represent you at any required hearing, presenting evidence of rehabilitation and community ties.

The law has changed; your future can, too. Contact our experienced defense attorneys today and let us guide you toward the clean slate you deserve. Call (323) 464-6453 or use our secure online contact form for a confidential consultation. Your defense begins the moment you choose experienced counsel committed to protecting your freedom and future.

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