BLOG

Senate Bill 731 amends the Education Code and Penal Code to allow expunction relief for certain criminal records

About The Bill

Senate Bill 731 (SB731) provides criminal records relief to individuals who are attempting to obtain a credential or find employment. It was signed by Governor Gavin Newsom on September 29, 2022 and goes into effect on July 1, 2023.

Employers in the Golden State should be aware of this bill and prepared for compliance.

Updates From This Bill

A summation of SB731 notes that it will make several revisions to the Education and Penal Codes. Updates include:

• Prohibiting the record of a conviction for possession of specified controlled substances that is more than 5 years old and for which relief was granted from being presented to the committee or from being used to deny a credential.
• Making relief available to a defendant who has been convicted of a felony, as long as that conviction does not require registration as a sex offender.
• Making conviction record relief available for a defendant convicted on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, post release community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense (with some exceptions).
• Specifying that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders.
• Stating that conviction record relief does not affect the authority to receive, or take adverse action based on criminal history information for purposes of teacher credentialing or employment in public education.
• Prohibiting the disclosure of information relating to a conviction for possession of specified controlled substances when the conviction is more than 5 years old and when relief has been granted under the provisions of the bill.

SB731 also states that individuals are not eligible for expunction relief if:

• They are required to register as a sexual offender.
• They have an active record for local, state, or federal supervision in the Supervised Release File.
• They have convictions for violent offenses or various types of felonies.

What Employers Should Know

Employers should be aware that when SB731 goes into effect, more Californians will be eligible to have certain criminal records expunged. In turn, they are expected to have access to more employment opportunities and be eligible to receive various credentials. When a record is expunged, it cannot be used by employers, landlords or other organizations that make decisions about consumers.

Running Background Checks

Every employer is encouraged to screen all potential employees, volunteers and contractors. Background checks show hiring managers if a person has criminal records of which they should be aware and if they have the employment history, education or credentials they need to succeed.

Before you allow anyone to represent your brand, please contact us. Our experienced team can help you customize screening packages that meet your specific needs, comply with applicable laws and help you complete your due diligence efforts. We are available to assist you Monday through Friday from 5am to 6pm PT.