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AB 2384

Crimes: records: sealing.

2025-2026 Regular Session Introduced by Josh Lowenthal and 2 co-sponsors

AB 2384 broadens sealing relief to include more arrest, charge, or conviction records after four years with no new offenses, reducing long-term public impact while safeguarding ser

Referred to Com. on PUB. S.
#crimes #records #sealing
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Bill Summary · AB 2384

Summary of AB 2384 (2025-2026) — Crimes: records: sealing

Purpose and intent

AB 2384 seeks to expand access to sealing relief for records tied to arrests, charges, or convictions in California. Building on existing provisions that allow sealing for certain victims of human trafficking, the bill would authorize individuals with arrests, charges, or convictions (that did not result in a conviction or fall under an eligible offense) to petition the court for sealing after a specified period, subject to conditions. The goal is to permit individuals to have prior records removed from public and most government-accessible records, reducing consequences that trace back to past non-conviction events or eligible offenses after a period of time without new offenses.

Key provisions and changes

  • Additions to the Penal Code:
    • New Section 1203.48 establishes a pathway for sealing of certain records (arrests, charges, or convictions that are eligible) after meeting specific criteria.
    • Eligible offenses exclude certain serious categories (e.g., offenses requiring sex offender registration, most serious or violent felonies, and vehicle code offenses involving serious violations, among others).
    • Eligibility criteria for sealing (summary):
    • If no conviction occurred and the underlying offense eligibility criteria are met, or
    • If a conviction occurred but is eligible for sealing under the statute’s criteria (with certain exceptions), or
    • If the person completed a diversion program.
    • A four-year waiting period (from the latest relevant date, such as arrest or completion of terms) with no new offenses is generally required to grant sealing relief, with specific alignment to the date when the record became eligible.
    • If a record contains multiple offenses, all must meet eligibility to grant sealing relief.
    • Service and response: the petition must be served on the applicable prosecutorial agency, which has 45 days to respond.
    • Hearing and evidence: the court may consolidate petitions from different jurisdictions; hearings may include petitioner testimony and supporting documentation, and prosecutorial opposition evidence.
    • Court decision: the court can grant sealing if, after considering all evidence, it is in the best interests of justice.
    • Effect of sealing:
    • The court issues a written order and directs agencies to seal records, including notifying the FBI for federal sealing where applicable.
    • Agencies must seal records within 90 days.
    • Sealed records are generally not disclosed to the public or third parties, with limited exceptions (e.g., to the petitioner and their counsel; criminal justice agencies may access sealed records as required by an initiative statute).
    • The petitioner may answer questions as if the seal had occurred; they are released from penalties and disabilities arising from the arrest or conviction, subject to specific exceptions.
    • Public-record protections: the public proceeding record is limited in disclosing the petitioner’s full name.
    • Court orders and documentation: the court must provide the petitioner with copies of the sealing order and any related forms submitted to agencies.
    • Additional considerations: the court may take other actions necessary to carry out the purposes of sealing.
    • Definitions:
    • “Eligible offense” excludes: certain serious offenses (e.g., those listed in specific sections regarding violent, sexual offenses, or vehicle code offenses with particular subsections).
  • Amendments to Section 236.4 (Penal Code):
    • Maintains existing framework for enhanced penalties in human trafficking cases.
    • Clarifies and codifies a potential criminal fine not to exceed $1,000,000 for trafficking offenses and adjusts related financial provisions for restitution and funding.
    • Distributes resulting fines: 70% to victim services and 30% to law enforcement/prosecution for trafficking-related prevention, witness protection, and rescue operations. The funding mechanism remains tied to the Victim-Witness Assistance Fund and Cal EMA administration.

Who is affected

  • Individuals with:
    • Arrests or charges that did not lead to a conviction, and
    • Convictions for offenses deemed eligible under the act, or
    • Completion of diversion programs (as part of eligibility).
  • Prosecutors and local law enforcement agencies:
    • Required to respond to sealing petitions and participate in proceedings.
    • Records must be sealed by agencies within specified timelines if relief is granted.
  • Criminal justice system:
    • Courts handle petitions, hearings, and sealing orders; agencies must process sealing orders and limit disclosures.
  • Funding and services:
    • Victim services and law enforcement funding streams tied to trafficking penalties may be affected by the revised penalties and distribution.

Procedural and timeline aspects

  • Petition process:
    • Petition served on the relevant prosecutorial agency within the case record’s jurisdiction.
    • Agencies have 45 days to respond.
    • The court may consolidate petitions for multiple offenses or jurisdictions upon agreement of all parties.
    • If opposed, a hearing is scheduled (petitioner testimony and supporting documentation may be introduced; opposition evidence allowed).
  • Timeframes for sealing:
    • If relief is granted, records must be sealed within 90 days by the applicable agencies.
  • Conditions for denial:
    • Sealing may be denied if the petitioner is subject to unexpired criminal protective orders or has unpaid restitution to a crime victim.
    • Other standard considerations apply; the court must assess “totality of the evidence” to determine if sealing is in the interests of justice.
  • Public records:
    • The sealing process restricts disclosure; public records related to the sealing petition are limited in identifying the petitioner (full name may be redacted in public records).

Fiscal and mandating considerations

  • The bill notes potential state-mandated local costs and provides a framework for reimbursement if the Commission on State Mandates determines so.
  • It includes a funding mechanism linked to existing trafficking-related fines and distributions.

Overall impact

AB 2384 would broaden sealing relief to a wider set of history-related records (arrests, charges, and certain convictions) after a four-year calm period with no new offenses, subject to eligibility and prosecutorial review. It emphasizes privacy and rehabilitation by reducing the long-term impact of past non-convictions or eligible offenses on individuals’ employment, housing, and other opportunities, while maintaining safeguards for serious offenses and ongoing restitution obligations. It also aligns sentencing enhancements and victim-service funding with the broader trafficking penalties framework.

Compiled from official sources — confirm details with the bill’s official record.

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