California Clean Slate Guide
California Clean Slate Act: How Automatic Conviction Record Relief Works
California's Clean Slate framework expanded automatic criminal-record relief, including relief under Penal Code §1203.425. The California Department of Justice reviews statewide criminal-history records on a recurring basis and identifies qualifying convictions using statutory criteria. Automatic relief can change how records are disseminated, but it is not the same as physically erasing every record from every system.
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Quick answer
What Does California's Clean Slate Act Do?
- The law expands automatic record relief for qualifying convictions.
- The California DOJ uses information in statewide criminal databases to identify qualifying records and add the required relief notation.
- Automatic record relief is not the same as dismissal, sealing, expungement or physical deletion of the DOJ criminal-history record.
- Eligibility depends on statutory criteria and the information in DOJ records.
Process
How California Automatic Conviction Relief Works
Six-step process of California automatic conviction relief, from DOJ monthly review to a relief notation and restricted disclosure, noting other record systems may still matter.
State criminal history exists
DOJ reviews databases
Monthly statutory review
Statutory criteria are evaluated
Based on available DOJ information
Qualifying record receives relief notation
DOJ disclosure is restricted as provided by law
Other record systems / other relief may still matter
The law
What Did SB 731 Change?
SB 731 expanded California's existing record-relief laws. It broadened automatic conviction relief, extended relief to more felony convictions that meet the criteria, and worked alongside existing record-cleaning statutes. It is not one standalone "record sealing program," and it does not make everyone eligible.
PC §1203.425
How PC §1203.425 Works
Under Penal Code §1203.425, the DOJ reviews records in its statewide databases each month. Using the information it has, including disposition dates and sentencing terms, it identifies convictions that meet the statutory criteria and notes on the record that relief was granted. No petition is filed for this automatic process.
Eligibility
Who May Qualify for Automatic Conviction Relief?
At a high level, the statute looks at concepts such as:
- Not currently serving a sentence
- No active supervision record in the DOJ's supervised release file
- No indication of pending charges, where applicable
- Offense-based restrictions
- Exclusion of people required to register as sex offenders
- Applicable waiting periods
- Other statutory criteria
This is not an eligibility test. Counsel can review a specific record.
What changes
What Does "Automatic Relief" Actually Change?
The DOJ adds the statutory relief notation to the state summary criminal history record. That notation limits disclosure from the state record as the law provides. The underlying record is not deleted, and the court file is not destroyed.
Important
Automatic Relief Is Not Universal Erasure
Records can still be available or relevant in some contexts, including law enforcement, courts, prosecuting agencies, professional licensing, authorized fingerprint background checks, immigration and other legal disclosure situations. This guide does not give individual immigration or licensing advice.
Limits
What Automatic Relief Does Not Do
- It does not physically delete the DOJ record.
- It does not change records held by local agencies or private companies.
- It does not settle immigration or licensing questions.
Separate systems
Why Different Databases Can Show Different Things
The DOJ explains that law enforcement agencies, prosecuting agencies and courts keep their own separate records. Commercial background check companies may also hold older information. Because of this, a relief notation on the DOJ record may not match what another system shows.
Other options
When Can Someone Still Need Petition-Based Record Relief?
Separate court procedures may still matter, including:
- Dismissal under PC §1203.4
- Record sealing
- Felony reduction
- A Certificate of Rehabilitation
- Other case-specific relief
California Courts provides record-cleaning resources. Counsel can explain which, if any, applies to a person.
Troubleshooting
What if Relief Does Not Appear?
Automatic relief depends on the information in DOJ records, which can be missing dispositions or other details. A person can request their own record from the DOJ. If relief does not appear, counsel can review whether records need correcting or whether a petition is a better path.
Related topic
Clean Slate vs Diversion Record Relief
This guide covers automatic conviction relief. If your question is "what happens to my arrest record after successful diversion?", see Record Relief After Diversion. For what a dismissal means in court, see charges dropped vs. dismissed.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not grant record relief, determine Clean Slate eligibility, correct DOJ criminal history, file legal petitions as counsel or provide immigration advice. In a current criminal case, ETS may help organize treatment and support records for counsel.
Responsibilities
Who Does What?
California DOJ
Reviews state records and applies statutory relief notations.
Court
Decides petition-based relief and keeps its own records.
Legal counsel
Reviews eligibility and petition options.
ETS
Organizes support records in a current criminal case.
Questions
Frequently Asked Questions About the Clean Slate Act
Sources & Legal References
California law
Confidential consultation
Support in a Current Case
If you are dealing with an active criminal case, ETS can help organize treatment and support records for your attorney.
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