A criminal record in California can follow you for life. Even after completing probation, paying fines, or serving a sentence, an arrest or conviction may still appear on background checks conducted by employers, landlords, and licensing agencies. For many people, this can create serious obstacles to employment, housing, professional certification, educational opportunities, and immigration status. One legal option available to eligible individuals is expungement, a court process that allows certain convictions to be dismissed, which can reduce the long-term impact of a past offense. Fortunately, California law provides several pathways to reduce the impact of a past conviction and new proposed legislation in 2026 may expand opportunity to expungement. If you have a criminal record that you want expunged, contact an experienced criminal defense attorney for legal guidance.
What is Expungement in California
Expungement in California is governed by Penal Code section 1203.4. It allows eligible individuals who have successfully completed probation or sentencing to petition the court to withdraw a guilty or no contest plea. If expungement is granted, the court updates the person’s criminal record to say that the case was dismissed. While the record still exists, it typically will not appear on most standard employment background checks, and individuals generally do not have to disclose the conviction to most private employers. This relief can significantly improve job prospects and access to housing.
Clean Slate Law and Automatic Sealing
California has also taken steps beyond traditional expungement through automatic record sealing under Senate Bill 731, also referred to as the Clean Slate Law. While this law does not allow a complete erasure of a criminal record, it has helped many Californians by reducing the visibility of old arrests and convictions on public background checks. However, if you are interest in sealing a criminal record it is not automatic and you must go through the proper legal procedure. Working with a California criminal defense attorney can help ensure the process is done correctly.
Proposed Legislation on Criminal Expungement for 2026
In 2026, several bills in California have been proposed to bring additional relief. One of the most significant of these is Assembly Bill 704. This proposed law would create a new way for individuals who were arrested or convicted of certain offenses before they turned 26 to ask the court to remove them from their record. This proposal aims at helping younger offenders get a fresh start. Under AB 704, once an individual has stayed free of new convictions for a set period of time (generally four years after completing probation or sentence), they would be eligible to petition the court to have both arrest and conviction records not only sealed but completely removed from most law enforcement and public databases. The type of relief under this bill would allow individuals to legally assert that the arrest or conviction never occurred, providing far greater protection than current record sealing or expungement. For young offenders, this law would offer the most complete forms of relief yet.
In addition to AB 704, other proposals introduced in 2026 would make it easier for people to obtain expungements under existing law. For example, some lawmakers have suggested reducing or ending waiting periods before a person can file for expungement, particularly for non-violent or low-level offenses. Other bills would expand eligibility to cover a broader range of convictions, such as certain misdemeanor offenses or lower level felonies. There are also proposals to simplify the expungement petition process itself, such as streamlining paperwork requirements and reducing court fees. If enacted, these proposed changes could extend relief so more Californians can clear their records and move forward with their lives.
Seek California Expungement Relief with a Criminal Defense Attorney
If you have an arrest or conviction and are interested in seeking an expungement, there may be options available under California law. However, eligibility requirements and legal procedure are complex and can vary depending on the specific law or bill, so it is essential to consult a knowledgeable California criminal defense attorney. An attorney from the Law Office of Nicolai Cocis can review your record, explain how current and proposed laws may apply to your situation, and guide you through the legal process to help you clear your record. Contact us today to schedule a consultation and take the right legal steps to achieving a fresh start.
