Bill
SB 1342
SB 1342 broadens and automates relief from arrest and conviction records, expanding eligibility and requiring visible, updated court records and public-facing relief notes.
SB 1342, introduced by Senator Durazo with Assembly Member Lowenthal and Senator Reyes as coauthors, would modify California Penal Code provisions governing arrest and conviction relief in criminal records. The bill emphasizes broadened eligibility for relief, clarified timing for determining no pending charges or no ongoing sentences, expanded court information-sharing safeguards, and strengthened public-facing notes about relief in court databases.
Arrest record relief (Penal Code Section 851.93)
- Eligibility expansion: The arrest need only have occurred on or after January 1, 1973 and the arrest must have been dismissed, removing prior limitations that the arrest had to be a misdemeanor.
- Determination of no pending charges: If at least 3 years pass with no new activity related to the arrest, the department shall conclude there are no pending charges.
- Determination of no ongoing sentence: If it cannot be determined that a sentence is complete, but at least 7 years have passed since conviction, the department shall conclude the person is no longer serving a sentence.
- Court and disclosure controls: The Department of Justice (DOJ) must electronically notify the superior court monthly of cases granted relief. Courts must not disclose relief information to the public broadly; a new note must accompany local records indicating “arrest relief granted” and the date of DOJ notice. Relief notes must appear in all local court databases.
- Ongoing restrictions: Relief does not reduce certain obligations (e.g., disclosure on direct questions for specific jobs or public offices), and does not limit other uses of arrest records by criminal justice agencies.
- Transparency: DOJ must publish county-by-county statistics on arrests granted relief and the share not eligible for automatic relief via the OpenJustice portal.
Automatic conviction record relief (Penal Code Section 1203.425)
- Eligibility expansion and timing mirror arrest-relief updates, with criteria including not being under sex offender registration, no active supervision, and no pending charges.
- Convictions eligible for automatic relief must meet specified post-1973 timeframes and disposition terms (probation completed, or appropriate timelines for misdemeanors/infraction-based offenses and certain felonies with completed terms and elapsed time).
- Administrative process: DOJ identifies eligible convictions monthly and can grant relief without a petition if records show eligibility.
- Court notices and disclosures: DOJ must notify superior courts; courts must maintain notes in local records indicating relief and the DOJ notice date; local databases must reflect relief status.
- After relief: The court must file disposition reports to DOJ if relief is denied; if relief is later granted under other provisions, DOJ will grant relief accordingly.
- Public-facing and safety considerations: Relief notes remain accessible to criminal justice agencies; there are explicit protections for ongoing protective orders and other consequences (e.g., firearms eligibility and public office restrictions) that remain unaffected by relief in many circumstances.
- Reporting: Starting July 1, 2022, counties receive annual statistics on convictions granted relief and those not granted automatic relief, with OpenJustice portals documenting county data.
Overall, SB 1342 seeks to streamline and broaden relief from criminal records while enhancing data integrity and public transparency, with careful preservation of safety and regulatory protections.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
