SB 731 Explained: California’s 2026 Automatic Record Sealing Law

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Person in handcuffs being unlocked with a key by an individual in formal attire at a desk.

California has taken significant steps in recent years to expand criminal record relief, making it easier for many individuals to move forward after an arrest or conviction. One of the most important developments is Senate Bill 731 (SB 731), which broadened California’s Clean Slate laws by expanding automatic record relief for eligible arrests and convictions. As of 2026, the law is fully implemented, providing many Californians with a pathway to a clean public record without having to file a court petition.  Continue reading if you have a past arrest or conviction in California that you want sealed and contact an experienced criminal defense attorney today.

How SB 731 Works in California

SB 731 expanded California’s automatic record relief system by allowing many eligible arrest and conviction records to be sealed once statutory requirements are fulfilled. This means that in many cases, individuals no longer need to file paperwork or appear in court to seal a record because the California Department of Justice reviews records and applies relief automatically when a person qualifies.

In general, eligible cases may include arrests that were not charged or charges that did not lead to a conviction.  Additionally, certain non-serious, non-violent felony convictions can be sealed after all sentencing requirements have been completed and the required waiting period has passed. Serious or violent felonies and many offenses requiring sex offender registration are not eligible for automatic relief.

Although automatically sealed records under SB 731 are removed from public background checks, they are not erased entirely. Courts, law enforcement agencies, and certain government entities may still access these records when authorized by law, despite being removed from public view. 

Petition Based Sealing

While SB 731 provides automatic record relief in many qualifying cases, not every arrest record is sealed automatically. California law also allows eligible individuals to petition the court to seal arrest records under Penal Code section 851.91.

This form of relief is only available when an arrest did not result in a conviction, including situations where prosecutors declined to file charges, the charges were dismissed, or the individual was acquitted at trial. If the court grants the petition, the arrest record is sealed from public view.

Expungement is Different from Record Sealing

Another important form of relief is expungement under Penal Code section 1203.4. Unlike arrest record sealing, expungement applies only to eligible criminal convictions.  Individuals who successfully completed probation or fulfilled the terms of their sentence may be eligible to withdraw a guilty or no contest plea and have the case reflect that the conviction has been dismissed. Although an expungement does not erase or seal the arrest record, it can provide significant benefits for employment and housing. 

Wondering If Your Record Can Be Sealed?

Criminal background check form on desk with black pen and eyeglasses nearby.

California’s record sealing laws, including SB 731 have expanded opportunities significantly, but eligibility depends on the specific facts of your case, including the type of offense and whether you meet the statutory requirements. If you are unsure whether your arrest or conviction qualifies for automatic sealing, petition-based relief, or an expungement, then it is crucial to seek an attorney for help to pursue the solution that offers the greatest benefit under California law.

Seeking Legal Help to Seal a Record in California

If you have an arrest or criminal conviction that you would like to be sealed in California, there may be options for relief under the law.  However, determining the most effective option requires a careful review of your criminal history and the applicable law.

For more than 25 years, the Law Office of Nic Cocis has successfully represented individuals facing criminal charges throughout Riverside County, California. Our firm has successfully helped clients obtain favorable outcomes, including record sealing, expungement, and post-conviction relief when available.

If you are wondering whether your record qualifies for sealing, expungement, or another form of criminal record relief, an experienced California criminal defense attorney from the Law Office of Nic Cocis can evaluate your case and determine your legal options. Contact us today to schedule a consultation and learn whether you may be eligible to clear your record

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