What is the new expungement law in California?
Asked by: scraper | Last update: August 22, 2026Score: 0/5 (0 votes)
California's Clean Slate Act (Senate Bill 731) provides the most expansive record relief in state history, requiring the California Department of Justice to automatically review and expunge (dismiss) eligible misdemeanor and non-serious, non-violent felony convictions, alongside most arrest records that did not lead to a conviction.
What is the new law for expungement in California?
Californians now have the chance to permanently expunge old conviction records. Gov. Gavin Newsom signed a law in 2022 that makes many old conviction records eligible for expungement, as long as a person has fully completed their sentence and has had no further contact with the justice system.
What is the 7 year rule in California?
The "California 7-year rule" generally refers to state laws (under the California Investigative Consumer Reporting Agencies Act) that prohibit third-party background check companies from reporting certain negative information about a consumer that is older than seven years.
Are you still a felon after 20 years?
No, felony convictions do not automatically disappear after any time period. They remain permanently on your criminal record unless you successfully petition for expungement, sealing, or receive a pardon. The seven-year rule applies only to certain employment reporting restrictions, not record existence.
What convictions can be expunged in California?
Now, you can (1) expunge a felony record, (2) misdemeanor record, (3) Seal an arrest or dismissed case, and even (4) use technology to remove yourself from criminal record databases. Note, however, that expungement will not affect penalties that may have been assessed to your driving privileges in California.
2023 NEW LAWS IN CALIFORNIA : What You NEED to Know
How long does it take to get a record expunged in California?
How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.
Will my expunged record show up on a background check in California?
When your conviction is dismissed, it is not removed from your criminal record held by the California Department of Justice, but the record will show that your conviction was dismissed. Many public employers will likely be able to see your conviction, but will also see that it has been expunged.
How far back does a felony background check go in California?
How far back do California background checks go? California background checks reported by consumer reporting agencies generally include criminal conviction information from the past seven years under state law.
Can a felon get a passport?
Who can and cannot get a passport? According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
Can a felon own a gun in California after expungement?
A felony conviction results in a lifetime gun ban. Expungement does not restore gun rights. Only a few legal pathways exist — felony reduction, pardon, or rehabilitation. Even if California restores rights, federal law may still prohibit possession.
What is the new law for felons in California?
Starting January 1, 2023, if you were convicted of a felony offense and served time in state prison, and the conviction did not result in a requirement to register as a sex offender, the case can be dismissed two years after you complete the prison sentence. It is up to the court whether or not to grant your petition.
What state is the most felony friendly?
California is widely considered the most felon-friendly state, primarily due to its robust legal protections and strong focus on "second chance" reintegration.
What is the new divorce law in California 2026?
California’s most significant divorce law change, introduced by Senate Bill 1427, allows any married couple or domestic partners who agree on all divorce terms to file a Joint Petition for Dissolution or Legal Separation. This replaces the old requirement where one spouse served the other as "Petitioner vs. Respondent".
How to start the expungement process in California?
You must complete an expungement/dismissal petition. Most courts use the CR-180 & CR-181 state forms, but a few courts encourage use of their own forms. Although all courts are supposed to accept the CR-180 and CR-181, it is helpful to check the court's website or call to find out all of the forms the court requires.
Can I go to Canada if I had a felony 20 years ago?
Yes, but you may be considered "criminally inadmissible" to Canada and could be turned away at the border unless you take specific steps beforehand. Because Canada compares US felonies to its own criminal code, the outcome depends on the severity of your specific offense and whether you completed your sentence.
What country will accept felons?
Most countries permit convicted felons to travel there for tourism, provided you have a valid passport and are not actively on probation, parole, or restricted by a court. However, several major destinations—such as Canada, Australia, Japan, and the United Kingdom—strictly enforce laws banning travelers with certain criminal convictions.
Can a felon go on a cruise?
Yes, a felon can go on a cruise, but your ability to sail depends on the specific crime, your current probation status, and the ship's itinerary. There are no federal laws barring felons from cruising, but you must plan carefully.
Can a felon fly on a plane?
Yes, convicted felons are legally allowed to fly on planes. However, there are a few important exceptions, restrictions, and rules you need to be aware of:
What felonies cannot be expunged in CA?
In California, most felonies can be expunged, but exceptions exist for serious, violent, and certain sex crimes. Non-expungable felonies generally include crimes requiring lifetime sex offender registration (e.g., Penal Code 288), murder, some cases of vehicular manslaughter while intoxicated, and specific violent felonies, particularly those involving prison time without successful completion of probation.
What is a red flag in a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What is the California 7 year rule?
The "California 7-year rule" generally refers to state laws (under the California Investigative Consumer Reporting Agencies Act) that prohibit third-party background check companies from reporting certain negative information about a consumer that is older than seven years.
Can police still see expunged records?
Police and other law enforcement agencies can access an expunged record only for certain purposes, such as if you apply for a law enforcement job or certification. In fact, if you seek employment as a police officer or similar role, you are required to disclose expunged convictions during the background process.
What looks bad on a background check?
Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...
What crimes are automatically expunged in California?
Under California's laws, three types of records are eligible for automatic relief: arrests that do not result in convictions (non-convictions); misdemeanor convictions that do not require registration under California's sex offender registry law; and felony convictions for non-serious, non-violent, and non- ...