SB 1342: Criminal records: relief.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on October 1, 2024, existing law makes arrest record relief available to an eligible person if the arrest occurred on or after January 1, 1973. Under existing law, a person is eligible for arrest record relief under these provisions if, among other things, the arrest was for a misdemeanor offense and the charge was dismissed.

This bill, on and after October 1, 2029, additionally makes a person eligible for that relief if the arrest was for a felony offense, all charges arising from the arrest were dismissed, one year has elapsed since the date on which the most recent charge arising from the arrest was dismissed, and no charge arising from the arrest was refiled or is pending during that period.

Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice’s record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges.

This bill would, on and after October 1, 2029, require, in determining whether there is a pending criminal charge based on the department’s records, the department to conclude that there is no indication of pending criminal charges if at least 3 years have elapsed with no new activity related to that record. The bill would require, in determining whether a person is currently serving a sentence for an offense, the department to conclude that the person is no longer serving a sentence if the department is unable to determine whether a sentence is complete and at least 7 years have passed since the date of conviction.

Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency.

This bill would, on and after October 1, 2029, expand the above-described prohibition to include other provisions that authorize relief from a conviction. By placing additional duties on court staff, this bill would create a state-mandated local program.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State. Chapter 702, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. September 10, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 31, 2026Assembly amendments concurred in. (Ayes 26. Noes 11.) Ordered to engrossing and enrolling.
5. August 30, 2026In Senate. Concurrence in Assembly amendments pending.
6. August 30, 2026Read third time. Passed. (Ayes 44. Noes 20. Page 6903.) Ordered to the Senate.
7. August 21, 2026Ordered to third reading.
8. August 21, 2026Read third time and amended.
9. August 21, 2026Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)
10. August 17, 2026Read second time. Ordered to third reading.
11. August 13, 2026Read second time and amended. Ordered to second reading.
12. August 13, 2026From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).