If you’ve ever tried to rent an apartment in Oakland or apply for a decent job in San Diego with a mistake from ten years ago hanging over your head, you know the "paper prison" is real. It’s that invisible wall. You serve your time, you pay your fines, but the background check says otherwise. Honestly, for a long time, California talked a big game about second chances while keeping records public until a person turned 100.
That changed.
The new California law sealing criminal records, primarily driven by Senate Bill 731 (SB 731), is now fully operational in 2026. This isn't just some minor tweak to the penal code. It’s a massive, automated shift in how the state handles past mistakes. We are talking about millions of people potentially getting a "Clean Slate" without even stepping foot in a courtroom.
The Reality of SB 731 and How It Actually Works
Basically, SB 731 expanded on older laws like AB 1076. Before this, you usually had to hire a lawyer, file a petition, and hope a judge was having a good day. Now? The Department of Justice (DOJ) is supposed to do the heavy lifting. They run monthly scans of their databases. If you meet the criteria, they seal the record.
Poof.
It’s not "deleted"—let’s be clear about that. Law enforcement and the courts can still see it. But for the vast majority of private employers and landlords? It’s gone. You can legally tell a private employer "No" if they ask if you’ve been convicted of a crime that has been sealed.
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Who gets the "Clean Slate" automatically?
The rules are specific, and they depend mostly on what happened and how long you’ve stayed out of trouble.
- Misdemeanor arrests: If you were arrested but no charges were filed, that record should seal after one year.
- Dismissed cases: If the judge threw the case out, it should seal immediately.
- Misdemeanor convictions: Usually, these seal one year after you finish your sentence (including probation), as long as you don't pick up new charges.
- Felony convictions: This is the big one. Most non-violent, non-serious felonies now seal automatically four years after you finish your sentence and any parole or probation.
You don't get a letter in the mail. There’s no "Congratulations, you’re clean" postcard. You just... are.
What Most People Get Wrong About Sealing
A lot of folks think this applies to everything. It doesn't. Not even close. If you were convicted of a serious or violent felony (think Penal Code 667.5(c) or 1192.7(c)), you aren't getting automatic relief. Murder, kidnapping, and most robberies are off the table for the automatic computer sweep.
Also, if you are required to register as a sex offender under Penal Code 290, this law isn't for you. Those records stay public.
The "Petition" Loophole
Here is something people often miss: just because you don't qualify for automatic sealing doesn't mean you're stuck forever. SB 731 actually allows people with serious or violent felonies to petition the court for sealing.
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It’s a different ballgame. You have to prove to a judge that you’ve been rehabilitated. The prosecutor can object. The victim can speak. It’s a fight. But for the first time in California history, the door is at least cracked open for people who have been home and trouble-free for years, even if their original charge was serious.
Why This Matters for Your 2026 Background Check
You’ve gotta realize that background check companies are sometimes slow. Even if the state seals your record, a private company might still have an old copy of your "rap sheet" in their own private database.
Under California law, these "data aggregators" are supposed to update their records. If they report a sealed conviction, they are technically in violation. Most major companies now sync with the DOJ more frequently because they don't want the liability.
Important Note: If you’re applying for a job in law enforcement, a position in a school district, or certain healthcare roles, the "sealing" doesn't hide your record from them. These agencies still have full access.
The Immigration Catch
This is where it gets kinda scary for non-citizens. Even if California "seals" or "dismisses" a conviction, the federal government—specifically ICE and USCIS—doesn't have to care. To the feds, a conviction is often still a conviction.
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If you are an immigrant, you should talk to a specialist before assuming a sealed record makes you "safe" for a green card or citizenship application. In some cases, you might need a "vacatur for cause" instead of just a standard SB 731 sealing.
The Results So Far: What the Numbers Say
Research from the California Policy Lab has shown that the vast majority of people who get their records cleared don't go back to jail. We’re talking over 70% staying clean for five years or more.
It turns out that when people can actually get a job at a warehouse or rent a two-bedroom apartment without being treated like a monster, they tend to stay on the right path. It’s simple math, really.
Actionable Steps: How to Verify Your Record is Sealed
Don't just assume the computer did its job. Systems glitch.
- Request a "Live Scan": This is the gold standard. Go to a local Live Scan location and request your own "Record of Arrest and Prosecution" (RAP sheet) from the California DOJ. It usually costs around $25 plus a rolling fee.
- Check for "Relief Granted": Look at the entries. If SB 731 worked, it should say something like "Relief Granted" or show the case as dismissed/sealed.
- Contact the DOJ if it’s wrong: If you finished your felony probation five years ago and it’s still showing up as a public conviction, you can challenge the accuracy of the record directly with the DOJ. They have a specific form for "Claim of Inaccuracy or Incompleteness."
- Update your Resume: Once you’ve confirmed the sealing, you can truthfully answer "No" to the conviction question on most private job applications. It’s a weird feeling the first time you do it, but it's your legal right.
- Consult a lawyer for "Serious" offenses: If your crime was violent or serious, don't wait for the computer. It won't help you. You need to file a formal petition in the county where you were convicted.
The era of permanent punishment in California is fading, but you still have to be your own advocate. The law provides the tool, but you're the one who has to make sure it actually carved out your path to a fresh start.