California SB731 Bill: Seal Previous Criminal Convictions, How You May Be Affected

• January 23, 2023
• Urban Spy California, La Jolla California
• no comments

Gavin Newson recently signed Senate Bill 731, which is scheduled to go into effect this July. This bill provides all California residents the ability to seal previous criminal convictions in the state so long as certain criteria is met, namely that they have completed their sentence and gone 4 years without further interaction with law enforcement. The stated aim of this bill is to allow those who hope to start fresh after poor decisions the opportunity to do so with fewer roadblocks.

While reintegration is a commendable goal, this bill has some glaring oversights in its structure. While the bill appropriately excludes both sexual offenses and serious felonies from being resealed, this still leaves many pieces of relevant information subject to obscurity. The most pertinent for corporations being history of financial crimes. Hiring managers shouldn’t have to fear that the person they’re considering for the position has a proclivity for skimming off the top or that they may be inclined to commit more serious offenses which jeopardize the future of the entire company.

The bill also hinders the work of private investigators and citizens trying to learn more about subjects of interest. Many want a background check run on their significant other before marriage – sealed records mean a glaring blind spot for those with a history of domestic abuse or various drug crimes. Restricting access to these records puts not only the partners at risk but could also endanger children in the household.

Many would further argue that the four-year window also seems egregiously low. Four years, especially after just exiting the system and completing post-prison requirements, is a small window to have to stay on the straight and narrow – not to mention that keeping out the eye of law enforcement during this time doesn’t necessarily mean that they’ve been an upstanding citizen, just that they haven’t been caught or charged with anything explicitly illegal during that time.

The bill may also put the livelihoods of all current and former California residents at risk when seeking employment or housing in other states. If a company or landlord is choosing between two otherwise equivalent candidates, but for one they know they’re seeing the person’s unobscured history whereas for the other – if the applicant comes from California – they must worry that there may be sealed records. The choice for this person is obvious.

Overall, the stated purpose of the bill is a positive one, but it leaves much on the table in execution. With a longer waiting period before eligibility, and more careful determination of which crimes qualify as sealable, the bill could be effective in reintegrating citizens after leaving prison. But as it stands, the risks outweigh the benefits, and it puts companies and private citizens at risk while muddying the histories of current and previous California residents during future background checks across the nation.

Let me know in the comments below! If this is a Good Law or Not.

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