✅ Clearing criminal records

Police officers in Balwin Park on Aug. 6, 2019. Photo by Anne Wernikoff for CalMatters
Police officers in Balwin Park on Aug. 6, 2019. Photo by Anne Wernikoff for CalMatters

By Ariel Gans

WHAT THE BILL WOULD DO

SB 731 would, as of July 1, expand criminal record relief for all felonies, not just jailable felonies, if an individual is no longer serving a probationary sentence, not currently involved in another case, and two years have elapsed. It would exclude crimes requiring the offender to register as a sex offender. Criminal records must be disclosed to school districts, which can use those records for deciding teacher credentialing or employment.

WHO SUPPORTS IT

A long list of criminal justice reform and rehabilitation organizations are supporting the bill, including Californians for Safety and Justice, who sponsored it. Supporters say that criminal records are serious barriers to the successful reentry of formerly incarcerated individuals to society. These barriers appear when, for example, individuals look for housing, pursue careers in education or healthcare, want to coach a sports team, adopt a child or care for their grandparent. Supporters say poor and Black and Latino residents are disproportionately affected.

WHO IS OPPOSED

Law enforcement and medical groups make up the majority of the bill’s opponents, including the Peace Officers Research Association of California. It argues that dismissing records for violent criminals will reduce deterrents for repeat offenders and jeopardize public safety. The group says it would have supported the bill if it excluded violent criminals.

WHY IT MATTERS

Nearly one in three adults in California have a past arrest or conviction on their record, according to the Brennan Center for Justice. While many cases are never prosecuted, these incidents remain on an individual’s record until they are 100 years old in California. These records, when they appear in background checks, can block access to employment and housing, which are primary factors driving recidivism, costing California $20 billion annually.

GOVERNOR’S CALL

Newsom signed the bill on Sept. 29.

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