CaliforniaCalifornia would extend automatic relief for some arrest records
Starting October 1, 2029, some people with dismissed felony arrest charges or old conviction records could qualify for automatic relief under new record-check rules.
What it does
People arrested for a felony could receive automatic arrest record relief if every charge is dismissed and no charge is refiled or pending during the next year.
For automatic conviction relief, old records with no new activity for three years would count as showing no pending charge. If sentence status is unclear after seven years, the department would count the sentence as complete.
Courts would keep more records of convictions granted relief from public disclosure. A person could also ask the court for a record confirming it received notice and followed the relief order.
Argument forPeople whose felony charges were dismissed, or whose old records show no recent activity, could qualify for relief without filing a request.
Argument againstOld or incomplete records could lead to relief when a charge or sentence is still active, though the rules require waiting periods.
More detail
Starting October 1, 2029, the Department of Justice would grant arrest record relief to eligible people without requiring them to file a request, when its electronic records contain the needed information. The new eligibility path covers arrests for felonies when all charges from the arrest were dismissed. The department must have the relevant information in its electronic records. This change takes effect October 1, 2029. The one-year wait begins when the most recent charge is dismissed.
The Department of Justice would treat a record as showing no pending charge after three years without new activity, and as showing a completed sentence after seven years if it cannot determine whether the sentence ended. These rules apply when the department checks whether someone qualifies for automatic conviction record relief. The three-year rule applies only when there has been no new activity related to the record. The seven-year rule applies only when the department cannot determine whether the sentence is complete. The new rules take effect October 1, 2029. The three-year period runs from the indication that criminal proceedings began; the seven-year period runs from the conviction date.
Courts would keep more records of convictions granted relief from public disclosure and, on request, give the person a court record confirming the court received notice and followed the relief order. The rule applies to court records for convictions granted relief under the listed relief provisions. Courts may still disclose them to the person whose conviction was granted relief or to a criminal justice agency. The new Section 1203.425 provisions depend on SB 1395 also becoming law by January 1, 2027, and SB 1342 being enacted after it. These changes would take effect October 1, 2029, only if the bill’s stated conditions involving SB 1395 are met.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State. Chapter 702, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Sep 10Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 31Assembly amendments concurred in. (Ayes 26. Noes 11.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB1342 Durazo et al. Concurrence. Result: pass.Upper
- Vote recorded SB 1342 Durazo Senate Third Reading By BRYAN. Result: pass.Lower
- Aug 30In Senate. Concurrence in Assembly amendments pending.
- Aug 30Read third time. Passed. (Ayes 44. Noes 20. Page 6903.) Ordered to the Senate.Passed Assembly
- Aug 21Ordered to third reading.Minor
- Aug 21Read third time and amended.Major
- Aug 21Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 13From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).Major
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jun 24From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 24Coauthors revised.
- Jun 23
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 16From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Jun 4Referred to Com. on PUB. S.Minor
- May 27In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading SB1342 Durazo et al. Result: pass.Upper
- May 27Read third time. Passed. (Ayes 27. Noes 9. Page 4495.) Ordered to the Assembly.Passed Senate
- May 14Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 14From committee: Do pass. (Ayes 5. Noes 2. Page 4273.) (May 14).Minor
- May 8Set for hearing May 14.
- Apr 20April 20 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 10Set for hearing April 20.
- Apr 7From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3759.) (April 7). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Mar 25From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Mar 23Set for hearing April 7.
- Mar 4Referred to Com. on PUB. S.Minor
- Feb 23Read first time.Minor
- Feb 23From printer. May be acted upon on or after March 23.
- Feb 20Introduced. To Com. on RLS. for assignment. To print.Introduced
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