On Thursday, Governor Gavin Newsom signed a bill that will now allow a convict’s criminal record sealed from public view.
The bill was introduced by Senator Maria Elena Durazo (D-Los Angeles) citing the use of background checks being more widely used now will allow people at a chance at economic prosperity by having convictions and arrests records sealed. With background checks, it prevents people from gaining employment, housing and other benefits–thus impacting their lives.
While a persons criminal history will not be erased, it will be sealed from public view during background checks. The state would also be required to provide history to schools who request it.
“I’m thankful for Governor Newsom signing SB 731 into law, paving the way for millions of Californians to get back on their feet and allow them to move on with their lives after having completed their sentence. I am especially thankful for the advocates and colleagues who helped craft this sweeping reform bill that will allow millions of Californians with a prior conviction or arrest record to get back on their feet and have a chance at economic prosperity and family stability. We cannot continue to pour billions of dollars into rehabilitative services while at the same time exclude people from positively contributing to their communities. SB 731 will not only benefit the individual, but entire families and communities. Millions of Californians are unable to reach their full employment and economic potential due to having an old conviction or arrest record; by eliminating these barriers, this law will provide an economic boost in California, including an estimated $20 billion yearly increases in our state’s gross domestic product that it currently misses out on,” said Durazo in a statement.
Under SB 731, criminal records will not be sealed for anyone convicted of murder, kidnapping or rape and will still require sex offenders to register in the states database.
According to the Bill:
- This bill would prohibit the record of a conviction for possession of specified controlled substances that is more than 5 years old and for which relief was granted from being presented to the committee or from being used to deny a credential.
- This bill would make this relief available to a defendant who has been convicted of a felony, as long as that conviction does not require registration as a sex offender.
- This bill would, commencing July 1, 2023, generally make this arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified.
- The bill, commencing July 1, 2023, would additionally make this conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. The bill would specify that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders.
- This bill would require the department to also provide that information to school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with any of those entities. The bill would prohibit the department from disseminating information for a conviction for possession of specified controlled substances if that conviction is more than 5 years old and relief has been granted. By expanding the scope of a crime, this bill would impose a state-mandated local program.
According to the California for Safety and Justice, they say more than 1 million Californian’s now gain eligibility to have their old conviction records sealed. They also cite that it creates better public safety by creating employment opportunities, housing/family stability and economic security.
According to the bills authors, more than eight million formerly imprisoned Californians who have done their time and paid their debts, or were convicted but never served any time in prison, are still living with old conviction records that makes it more challenging for them to regain full membership in their communities. Thousands of restrictions placed on people with former convictions in California create barriers to essential resources like safe and stable housing, and employment and educational opportunities.
On August 18, the bill passed the Senate Floor in a 28-10 vote. Meanwhile, it passed the Assembly Floor in a 46-22 vote.
The bill was introduced in February of 2021 and did fail to pass the Assembly in September of 2021 in a 35-28 vote with 17 no votes record.
Original Release
Senator Durazo Introduces Groundbreaking Legislation to Seal Conviction & Arrest Records in California
LOS ANGELES – On Wednesday, Senator María Elena Durazo (D-Los Angeles) with co-authors Senators Nancy Skinner (D-Alameda) and Steven Bradford (D-Gardena) and Assemblymembers Cristina Garcia (D-Bell Gardens) and Alex Lee (D-San Jose) introduced SB 731, groundbreaking criminal justice reform legislation that would create a comprehensive process to automatically seal conviction and arrest records in the state of California.
The bill would end the systemic crisis of disenfranchisement and underemployment faced by millions of Californians with a conviction record, who are disproportionately people of color, by effectively sealing all past convictions records once a person has fully completed their sentence and successfully gone two years without further contact with the justice system. Records of arrests that didn’t result in a conviction would also be automatically sealed. In addition, the bill would provide a much-needed major economic boost to California in the midst of the COVID-19 crisis, including an estimated $20 billion yearly increase to our state’s gross domestic product that it currently misses out on from widespread unemployment and underemployment of those with a conviction history.
“Our conviction & arrest records system forces the people who go through it – our mothers and fathers, our brothers and sisters – to face obstacles for the rest of their lives, in every aspect of their lives,” said Senator Durazo. “The completion of a prison sentence should pave the way for a complete return to participate fully in society. But for millions of Californians, their conviction history turns into a lifelong sentence of limited access to employment, housing, education, and the ability to live a full, normal life and provide for their families.”
SB 731 is sponsored by some of California’s leading criminal justice reform advocates, including Californians for Safety & Justice, Homeboy Industries (the first bill Homeboy Industries has ever sponsored), the Anti-Recidivism Coalition, UNITE-LA, the Los Angeles Regional Reentry Partnership, and Legal Services for Prisoners with Children/All of Us or None.
Specifically, the bill would implement a comprehensive system to prospectively and retroactively seal conviction and arrest records through a structured approach to sunsetting conviction histories:
- The automated sealing of all arrest records to that do not result in conviction; and
- Phased relief for convictions records by expanding record sealing to all sentences following completion of terms of incarceration, post-release supervision, and an additional period of time – provided the person has completed their sentence without any new felony convictions and has no new charges pending.
“I am proud to co-author Senator Durazo’s SB 731,” said Senator Bradford. “Arresting someone does not mean they are guilty. It makes no sense to ask the formerly incarcerated to reintegrate into society with meaningful employment while penalizing them with artificial barriers. A criminal record should not be a life sentence and this bill will provide relief for over three million Californians who live with the consequences of that record in every aspect of their lives.”
“The fact that current law causes millions of Californians who pose no threat to public safety to be thwarted in their ability to get jobs, find housing, or access education is just wrong,” said Senator Skinner. “I’m proud to co-author SB 731 to finally lift an obstacle that has blocked so many from fully re-entering society and leading productive lives.”
More than eight million formerly imprisoned Californians who have done their time and paid their debts, or were convicted but never served any time in prison, are still living with old conviction records that makes it more challenging for them to regain full membership in their communities.Thousands of restrictions placed on people with former convictions in California create barriers to essential resources like safe and stable housing, and employment and educational opportunities. As a result, these individuals struggle to provide for their families and to rebuild productive and full lives, which has only become more challenging as a result of the economic recession caused by COVID-19 pandemic.
In addition to the obstacles to civic participation faced by people living with an old conviction, placing employment restrictions on people with a past conviction impedes the health of our economy for every Californian. According to a new report released today by Californians for Safety & Justice & UNITE-LA, in 2018 alone, nearly $20 billion was lost in state economic activity (GDP) as a result of this exclusionary practice. On top of that, as many as 305,000 workers in 2018 alone were excluded or denied employment opportunities as a result of old felony conviction records. These barriers to employment exist as some sectors in the economy are in need of workers to fill vacant roles. On the whole, removing barriers to employment for people with past convictions will help our economic recovery, improve public safety, and support critical areas of our economy that are in desperate need of workers.
Sunsetting conviction histories also aligns with California voters’ repeated decisions to abandon failed criminal justice system policies that are responsible for the expansion of these old legal records. Voters rejected the excessive use of felony convictions and incarceration in three separate elections through statewide ballot initiatives over the last decade including passing Proposition 47 in 2014 and Proposition 57 in 2016 and, last fall, resoundingly rejecting Proposition 20, an initiative that sought to undo past reforms.
3 comments
Remember the names of the people who championed this cause. They have made it OK to be a convicted criminal. I wonder how many convicts each of them employs? María Elena Durazo (D-Los Angeles) Senators Nancy Skinner (D-Alameda) and Steven Bradford (D-Gardena) and Assemblymembers Cristina Garcia (D-Bell Gardens) and Alex Lee (D-San Jose)…Have any felons, sex offenders, drug addicts, burglars, or violent criminals living with your families?
Also armed robbery, assault and battery? Not fair to future victims. Fraud? Someone will financial loss because of this.
The UK does this automatically after 5 years of no new offenses. People can change and go through so much to get to the other side. They can make terrible mistakes. Without a light at the end of the tunnel, these things are life long sentences and hinder their lives in every way. Many give up and continue the cycle because there is no true way out. It is awful. People who are true habitual offenders cant make it to 4 or 5 years without reoffending. There is a big difference these years make. Of course this doesn’t make it ok to commit crimes and be criminal. Antisocial behaviors will continue to exist in true criminals regardless. This is not for those people. Those people will always reoffend.
Comments are closed.