California SB 731, Will Your Felony Record Be Automatically Sealed — And Do You Have to Do Anything?

California’s Senate Bill 731 is one of the most significant criminal justice reforms in the state’s history. Signed by Governor Gavin Newsom in 2022 and fully effective July 1, 2024, SB 731 expands automatic sealing of criminal records — meaning many people with eligible felony, misdemeanor, or arrest records no longer need to petition a court to seal them. If you have an old felony in California and you are wondering whether it is about to disappear from background checks — and whether you need to do anything — this article answers every question people are actually asking.

Quick Facts

Field	Detail
Law Name	Senate Bill 731 (SB 731)
Also Known As	California Clean Slate Act
Signed Into Law	September 29, 2022
Fully Effective	July 1, 2024
Who Manages It	California Department of Justice (DOJ)
Who It Covers	California residents with eligible felony, misdemeanor, or arrest records
Waiting Period	4 years after sentence ends (felonies); 1 year (misdemeanors); 3 years (arrest with no charges)
Do You Have to Apply?	No — most records seal automatically
Does It Restore Gun Rights?	No
Does It Cover Federal Records?	No — California only
DOJ Contact	(916) 210-6276

What Is SB 731 and Why Are So Many People Searching for It?

People are searching for SB 731 because it directly affects millions of Californians who have lived for years with a felony on their record — struggling to get hired, rent an apartment, or move forward. Before this law, clearing your record meant navigating complex courts, paying fees, hiring lawyers, and waiting months or years for a hearing. Most people never bothered.

The old expungement process was difficult to navigate and only benefited a small portion of people with criminal records. SB 731 changed that completely for eligible Californians. The law created both automatic record relief and expanded petition-based options, ensuring that many people with old or minor convictions no longer need to navigate complicated court procedures to clear their records.

Put simply: if you qualify, the state does the work for you.

How Does SB 731 Actually Work?

The biggest change under the Clean Slate Act is the automatic record relief process. In the past, people had to prepare petitions, attend hearings, and pay fees just to clear eligible cases. Now, the California Department of Justice regularly reviews criminal histories and seals qualifying records without requiring any action from the individual.

On a monthly basis, the Department of Justice reviews the records in the statewide criminal justice database and identifies people who are eligible for automatic conviction record relief.

Once the DOJ identifies that you qualify, it electronically seals your record and notifies the court where the case was handled. The record then stops showing up on most background checks run by employers, landlords, and the general public.

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Expungement vs. Sealing: What Is the Difference?

People use these terms interchangeably but they mean different things — and SB 731 mainly deals with sealing, not traditional expungement.

Expungement in California technically refers to getting a case dismissed after completing probation or other court requirements under Penal Code 1203.4. The conviction still shows on record in some contexts.

Sealing under SB 731 goes further. A sealed record does not show up in the statewide criminal-history repository disclosed to most non-law-enforcement entities. For practical purposes — job applications, rental applications, most licensing — a sealed record is invisible.

SB 731 refers to its process as granting “relief.” Whether the law calls it sealing, expungement, or relief, the practical result is the same: it stops showing on most background checks.

Who Qualifies Under SB 731?

Automatic Relief — No Action Required

Most non-violent felony convictions are sealed automatically four years after the case ends, if you meet all of the following:

• Your sentence is fully completed — including any prison time, probation, parole, mandatory supervision, fines, and court-ordered classes
• Four years have passed since your sentence ended
• You have not been convicted of a new crime during that waiting period
• Your conviction is on or after January 1, 2005
• Your offense is not a serious felony, violent felony, or one that requires sex offender registration

Arrest records with no conviction seal automatically after:

• Three years for felony arrests where no charges were brought
• One year for misdemeanor arrests with no charges filed
• Immediately upon dismissal if charges were filed but you were acquitted or the case was dismissed

People who violated probation but later completed all supervision terms: SB 731 expanded automatic conviction relief to people who violated probation but later completed all terms of supervision. The prior law excluded anyone who had violated their probation.

Petition-Based Relief — You Apply to a Court

Some people do not qualify for automatic relief but can still petition a court to seal their record. Other convicted felons can petition for their convictions to be sealed two years after release from prison or end of probation, provided they have not been arrested during that time. A judge can deny the petition if there is clear and convincing evidence you pose an unreasonable risk to public safety.

What Crimes Are NOT Covered by SB 731?

This is the most important question for most people — and the answer is clear.

SB 731 does NOT cover:

• Serious felonies listed under California Penal Code § 1192.7(c) — this includes crimes like robbery, carjacking, arson, and certain assault charges
• Violent felonies listed under California Penal Code § 667.5(c) — this includes murder, rape, kidnapping, and others
• Any felony that requires sex offender registration under California law
• Any offense where sealing would conflict with federal law
• Cases that are still open or where probation has not been completed

A judge may deny relief if clear and convincing evidence shows the petitioner poses an unreasonable risk to public safety.

If your conviction falls into one of these categories, SB 731 does not help you directly. However, you may still be able to pursue traditional expungement under Penal Code 1203.4, reduction of a felony to a misdemeanor, or in rare cases, a gubernatorial pardon.

What Does Sealing Your Record Actually Do for You?

Once your record is sealed under SB 731, here is what changes in your everyday life:

Jobs: Most private employers running background checks will not see a sealed conviction. Employers often run background checks, and having a clean record increases the likelihood of getting employment, contributing to economic stability and self-sufficiency.

Housing: Landlords and educational institutions often consider a person’s criminal history. With a sealed record, the negative impact of past convictions is mitigated.

Teaching credentials: Expunged drug possession convictions more than five years old will not disqualify you from getting a teaching license. This was a specific barrier SB 731 was designed to remove.

Financial services: Banks and lenders who consider criminal history in decisions may no longer see a sealed record, potentially improving access to loans, credit, and financial products.

What SB 731 Does NOT Do

These are the questions people ask most — and the honest answers matter.

It does not restore your gun rights. Nothing in SB 731 will restore your gun rights if they have been stripped due to a felony or misdemeanor domestic violence conviction. Usually the only way to restore your firearm rights is through a Governor’s Pardon.

It does not clear federal records. SB 731 is only applicable to California arrests and convictions. A federal background check — such as those run for firearm purchases through the NICS system, federal employment, or immigration purposes — may still show your conviction even after it is sealed under state law.

It does not erase your record from all databases. Law enforcement agencies, certain licensing boards, and criminal justice entities may still access sealed records. The law narrows 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.

It does not happen instantly. Because the DOJ sweep occurs monthly, eligible records do not seal immediately upon the end of the waiting period. It may take several weeks or months after you become eligible before the record actually disappears from background checks.

Do You Have to Do Anything to Get Your Record Sealed?

For most people — no. If you qualify for automatic relief, the California DOJ handles it without any action on your part.

However, you should verify it has happened. If your arrest, charge, or conviction is eligible for automatic clearance but still appears on your background check, you can contact the California Department of Justice at (916) 210-6276.

You can also request a copy of your criminal history from the California DOJ to confirm whether your record shows as sealed. If the record has not been automatically cleared and you believe it should be, you can still petition the court directly as an alternative path.

SB 731 and AB 1076 Together: California’s Full Clean Slate Law

SB 731 does not operate alone. SB 731 along with Assembly Bill 1076 comprise California’s Clean Slate Laws, making it easier to clear your background check and therefore find employment.

AB 1076 handled the automatic sealing of misdemeanor convictions and certain non-violent felonies that did not involve prison time. SB 731 extends that relief further, covering people who went to state prison for non-serious, non-violent offenses — a group that was previously left out entirely.

Together, these two laws cover the vast majority of Californians with older, minor criminal records.

Key Timelines at a Glance

Situation	When Your Record Clears
Non-violent felony conviction	4 years after sentence fully completed
Misdemeanor conviction	1 year after sentence fully completed
Felony arrest — no charges filed	3 years after the arrest
Misdemeanor arrest — no charges filed	1 year after the arrest
Case dismissed or acquittal	Immediately
Petition-based felony sealing	2 years after release, if no new arrests

Frequently Asked Questions

Does SB 731 apply to me if I went to state prison? 

Yes, for most people. SB 731 extends automatic expungements to misdemeanors, non-violent felonies, and non-sexual offenses, including records concerning incarceration. If you served state prison time for a non-violent, non-serious offense and have stayed clean for four years since completing your sentence, you likely qualify.

Will my felony automatically disappear from background checks? 

Yes, if you qualify and enough time has passed. The California DOJ reviews records monthly and seals eligible ones without you filing anything. However, sealed records may still appear on federal checks or with certain law enforcement agencies.

I violated probation years ago. Does SB 731 still help me?

 Possibly yes. SB 731 expanded automatic conviction relief to people who violated probation but later completed all terms of supervision — a group the prior law excluded entirely.

Does SB 731 restore my right to own a gun? 

No. SB 731 does not affect the restoration of gun rights. Generally, a Certificate of Rehabilitation and Pardon is needed to restore gun rights.

Does SB 731 cover out-of-state or federal convictions?

 No. SB 731 is only applicable to California arrests and convictions. Out-of-state or federal records require separate legal processes in the relevant jurisdiction.

How do I know if my record has already been sealed?

 Request a copy of your California criminal history from the DOJ, or contact them at (916) 210-6276. If your eligible record has not been automatically sealed yet, you can still petition the court directly.

Do I need to tell employers about a sealed conviction? 

Generally no. Once a record is sealed under SB 731, California law allows most people to answer “no” when asked about prior convictions on private job applications. However, certain government jobs and licensing applications may still require disclosure — check the specific requirements for your field.

Can a prosecutor block my automatic record sealing? 

A prosecuting office or probation department may file a petition to challenge automatic relief, but they must take action at least 90 days before you first become eligible for relief. If they file, you would be entitled to a hearing with a judge. This is uncommon but possible.

Sources & References

• Official California Legislative Text: California Senate Bill 731 — leginfo.legislature.ca.gov
• San Diego Law Library — SB 731 Guide: sdlawlibrary.libguides.com
• California DOJ Criminal Records: (916) 210-6276

Last Updated: April 13, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. SB 731 eligibility depends on specific facts about your case. For advice about your particular conviction, consult a qualified California criminal defense attorney.