New Law Seals California Arrests and Convictions
SBI 731 has been signed into law, which means arrest records and conviction records will be sealed for at least 225,000 Californians. Many Los Angeles residents will find their records are eligible for automatic sealing, while others will have to petition a judge.
Are you eligible for records sealing? Here’s what you need to know.
Automatic Sealing
Most records will be automatically sealed if you complete your sentence and keep a clean criminal record for four years.
You are also eligible for automatic sealing if you were arrested but not convicted of any crime.
Petition to Seal
You may be able to have your records sealed if you were convicted of a violent felony, but you will have to petition the court. These are generally the felonies listed under PC 667.5 or under Section 1192.7.
These are generally violent felonies such as murder, any felony where the defendant commits great bodily injury on another person, any felony where the defendant used a firearm, attempted murder, assault with intent to commit rape or robbery, assault with a deadly weapon, arson, exploding a destructive device, kidnapping, selling drugs to minors, carjacking, or any other felony punishable by death or life in prison.
You will need a lawyer to be successful with this petition, as you will have to convince a judge that a decision to seal your records would be “in the interests of justice.”
Ineligible for Sealing
You are ineligible to seal your records if your conviction requires you to register as a sex offender.
What Sealing Means
Sealed records mean your landlord and potential employer will not be able to access the records. You also won’t have to answer questions about your criminal history on job applications. However, the new law specifically retains the authority of certain licensing boards to take adverse actions for criminal records, such as for teaching licenses.
Existing law requires the department to provide the Commission on Teacher Credentialing with information about every conviction rendered against an applicant retroactive to January 1, 2020, regardless of relief granted.
Your criminal history is always available to law enforcement.
In addition, you might need additional steps to erase your history from the eyes of employers. Mugshots won’t automatically be removed from Google, for example. It will still be a good idea to see what a potential employer might find out about you with a Google search before applying for a job.
See also:
How Does Probation Work in Los Angeles
How Pretrial Diversion Works in Los Angeles, CA
What Does it Take to Get Criminal Charges Dropped in Los Angeles, CA?
New Law Seals California Arrests and Convictions
SBI 731 has been signed into law, which means arrest records and conviction records will be sealed for at least 225,000 Californians. Many Los Angeles residents will find their records are eligible for automatic sealing, while others will have to petition a judge.
Are you eligible for records sealing? Here’s what you need to know.
Automatic Sealing
Most records will be automatically sealed if you complete your sentence and keep a clean criminal record for four years.
You are also eligible for automatic sealing if you were arrested but not convicted of any crime.
Petition to Seal
You may be able to have your records sealed if you were convicted of a violent felony, but you will have to petition the court. These are generally the felonies listed under PC 667.5 or under Section 1192.7.
These are generally violent felonies such as murder, any felony where the defendant commits great bodily injury on another person, any felony where the defendant used a firearm, attempted murder, assault with intent to commit rape or robbery, assault with a deadly weapon, arson, exploding a destructive device, kidnapping, selling drugs to minors, carjacking, or any other felony punishable by death or life in prison.
You will need a lawyer to be successful with this petition, as you will have to convince a judge that a decision to seal your records would be “in the interests of justice.”
Ineligible for Sealing
You are ineligible to seal your records if your conviction requires you to register as a sex offender.
What Sealing Means
Sealed records mean your landlord and potential employer will not be able to access the records. You also won’t have to answer questions about your criminal history on job applications. However, the new law specifically retains the authority of certain licensing boards to take adverse actions for criminal records, such as for teaching licenses.
Existing law requires the department to provide the Commission on Teacher Credentialing with information about every conviction rendered against an applicant retroactive to January 1, 2020, regardless of relief granted.
Your criminal history is always available to law enforcement.
In addition, you might need additional steps to erase your history from the eyes of employers. Mugshots won’t automatically be removed from Google, for example. It will still be a good idea to see what a potential employer might find out about you with a Google search before applying for a job.
See also:
How Does Probation Work in Los Angeles
How Pretrial Diversion Works in Los Angeles, CA
What Does it Take to Get Criminal Charges Dropped in Los Angeles, CA?