New Expungement Laws in California
Estimated Read Time: 4-5 Minutes
Reviewed by Attorney Nate Gjesdal
March 2, 2024
As of January 1, 2023, California's Senate Bill 731 (SB 731) has ushered in significant changes to the process of obtaining an expungement, offering individuals with criminal records new opportunities for rehabilitation and a fresh start. Why does this matter and how does this impact expungements?
Key Provisions:
Expanded Eligibility Criteria: SB 731 broadens the eligibility criteria for expungement, making it more accessible to individuals with certain convictions. The law aims to provide relief to those who have demonstrated rehabilitation and a commitment to a law-abiding life.
Automatic Expungement for Qualifying Offenses: For certain non-violent and non-serious offenses, SB 731 introduces automatic expungement provisions. This streamlines the process for eligible individuals, eliminating the need for them to initiate the expungement process themselves.
Reduction of Waiting Periods: The law reduces waiting periods for expungement eligibility, allowing individuals to seek relief sooner after completing their sentences. This change acknowledges the importance of facilitating reintegration into society promptly for those who have demonstrated rehabilitation.
Removal of Financial Barriers: SB 731 addresses financial barriers by eliminating or reducing the fees associated with expungement petitions for qualifying individuals. This provision recognizes that financial constraints should not hinder individuals from rebuilding their lives after serving their sentences.
Enhanced Rehabilitation Consideration: The law emphasizes a rehabilitative approach by requiring courts to consider an individual's rehabilitation efforts when deciding on expungement petitions. This shift encourages a focus on personal growth and positive contributions to society.
Implications:
Increased Access to Opportunities: SB 731's modifications to expungement eligibility and automatic relief for certain offenses pave the way for individuals to access education, employment, and housing opportunities more readily. This, in turn, promotes successful reintegration into society.
Timelier Reentry into the Workforce: By reducing waiting periods and streamlining the expungement process, SB 731 facilitates a quicker reentry into the workforce for eligible individuals. This change is crucial for those seeking to rebuild their lives and contribute positively to their communities.
Promotion of Rehabilitation: The law's emphasis on rehabilitation aligns with broader criminal justice reform goals, recognizing that individuals who have served their sentences and demonstrated positive changes deserve the opportunity to move forward without the burden of a criminal record.
California’s new law broadening the availability of the expungement process means that we can serve more clients, clearing your criminal records and helping you get your life on track. Contact us today to discuss your case, and how we can help you put your criminal history where it belongs - in the past!
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