Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense.

This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute. statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or for the purpose of prostitution or sexual exploitation, is guilty of the crime of human trafficking and subject to imprisonment. Existing law authorizes a court to order a defendant, convicted of the crime of human trafficking, to pay an additional fine not to exceed $1,000,000.

This bill would make a technical, nonsubstantive change to that provision.

 THIRD READING  

Bill No: AB 2384

Author: Lowenthal (D), et al.

Amended: 5/18/26 in Assembly

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-1, 6/30/26

AYES: Arreguín, Caballero, Cortese, Pérez, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/13/26

AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

ASSEMBLY FLOOR: 55-18, 5/26/26 - See last page for vote

SUBJECT: Crimes: records: sealing

SOURCE: Californians for Safety and Justice

DIGEST:

This bill authorizes a person was arrested for, or was charged with, any offense that did not result in conviction or was convicted of an eligible offense, to petition the court to have their records of arrest, charge, or conviction, sealed if four years have elapsed since the date on which the person was arrested or completed any sentence or probation and the person has not committed another offense.

ANALYSIS:

Existing law:

1. Requires a court to grant expungement relief, with specified exceptions, for a misdemeanor or felony conviction for which the sentence included a period of probation and the petitioner successfully completed probation or terminated early, is not serving a sentence for, on probation for, or charged with the commission of any offense. Provides that the court has discretion to do so in the interests of justice in other probation cases. (Penal [Pen.] Code, § 1203.4, subds. (a) & (b).)
2. Requires the court to grant expungement relief, with specified exceptions, to defendants convicted of a misdemeanor and not granted probation or an infraction after one year from the date of the pronouncement of judgement, if the defendant has fully complied with and performed the sentence, is not serving a sentence, is not charged with a crime, has lived an honest and upright life, and has conformed to and obeyed the law. Provides that if the defendant does not satisfy these requirements, the court may in its discretion and in the interests of justice after one year from the date of pronouncement of judgment grant relief in non-probation cases in which the defendant has fully complied with and performed the sentence, is not serving a sentence, and is not charged with a crime. (Pen. Code, § 1203.4a, subds. (a) & (b).)
3. Allows the court to grant expungement relief for a felony conviction if specified conditions are satisfied. (Pen. Code, § 1203.41.)
4. Allows the court to grant expungement relief for a conviction of a petitioner sentenced to prison for a felony that, if committed after enactment of criminal justice realignment legislation in 2011, would have been eligible for county-jail sentencing. (Pen. Code, § 1203.42.)
5. Provides that if a defendant successfully participated in the California Conservation Camp program as an incarcerated hand crew member, as specified, or successfully participated as a member of a county incarcerated hand crew, as specified, and has been released from custody, the defendant is eligible for expungement relief. (Pen. Code, § 1203.4b.)
6. Provides that expungement relief releases the person from the penalties and disabilities resulting from the conviction, except the person:
7. May have a prior conviction pleaded and proved if the person is subsequently prosecuted for another crime;
8. Is not relieved of any prohibition on possessing, owning, or having under his or her custody or control any firearm and may be convicted as an ex-offender in possession of a firearm;
9. Must disclose the conviction in response to any direct question in a questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery; moreover, any ban on holding public office that resulted from the conviction remains in effect; and
10. May have their driver’s license revoked, suspended, or use limited after two or more Vehicle Code convictions. (Pen. Code, §§ 1203.4, subd. (a)(1)-(3); 1203.4a, subds. (a) & (c); 1203.41, subds. (a) & (b); 1203.42, subds. (a) & (b).)
11. Authorizes a person who was under 18 years of age at the time of commission of a misdemeanor and who is eligible for expungement relief, or previously received expungement relief, to petition the court for an order sealing the record of conviction and arrest, and other official records in the case. (Pen. Code, § 1203.45, subd. (a).)
12. Authorizes expungement relief when a person convicted of solicitation or prostitution has completed any term of probation and can show that they were a victim of human trafficking. (Pen. Code, § 1203.49.)
13. Establishes a process by which a person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed. (Pen. Code, § 851.91.)
14. Requires the Department of Justice (DOJ), on a monthly basis, to review statewide criminal records and determine whether a person is eligible for arrest record relief based on specified conditions. (Pen. Code, § 851.93.)

This bill:

1. Authorizes a person, if the person suffered an arrest for any offense that did not result in conviction, was charged with an offense that did not result in a conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense and specified requirements are met, to petition the court for sealing relief of their convictions, charges, and arrests.
2. Provides that records that did not result in a conviction are eligible for sealing relief if any of the following are true:
3. The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
4. The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:
   1. No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
   2. No conviction occurred and the person has been acquitted of the charges.
   3. A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
5. The person successfully completed a diversion program, as specified.
6. Authorizes the court to order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible, the date on which the record became eligible, or the date on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense. Prohibits, the court from ordering sealing relief if a conviction contains multiple offenses unless all offenses meet the eligibility requirements.
7. Requires the petition for sealing relief and supporting documentation to be served on the state or local prosecutorial agency that obtained the conviction for which sealing is sought or with the jurisdiction over charging decisions with regard to the arrest. Requires the state or local prosecutorial agency to have 45 days from the date of receipt of service to respond to the petition for relief.
8. Authorizes the court, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, to consolidate into one hearing a petition with multiple convictions from different jurisdictions.
9. Requires the court, if the petition is opposed, or if the court otherwise deems it necessary, to schedule a hearing on the petition. Provides that the hearing may consist of the following:
10. Testimony by the petitioner, which may be required in support of the petition.
11. Evidence and supporting documentation in support of the petition.
12. Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.
13. Prohibits a petition from being granted if either of the following is true:
14. The petitioner is subject to terms and conditions of any unexpired criminal protective orders.
15. The petitioner has not paid any financial restitution order that directly benefits the victim of a crime. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.
16. Authorizes a court, after considering the totality of the evidence presented, to order sealing relief if it finds it is in the best interest of justice.
17. Requires the court, if it grants a petition, to issue a written ruling and order to the petitioner, the petitioner’s counsel, the DOJ, the prosecuting attorney, and the law enforcement agency that made the arrest that does all of the following:
18. States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest or conviction, except as provided.
19. Orders the DOJ, any law enforcement agency, or any criminal justice agency, as defined, that has taken action or maintains records subject to the petition to seal the record of arrest, charge, or conviction according to this section.
20. Orders the DOJ to forward the order to the FBI to request that any records of the arrest, charge, or conviction subject to the sealing relief order that are maintained by the FBI be sealed for all noncriminal justice purposes.
21. Requires any government agency, as described, to seal its records granted sealing relief pursuant to this section within 90 days after the court issues the order.
22. Prohibits a record granted sealing relief, including all court records related to the sealed arrest, charge, or conviction, from being disclosed to any person or entity except the person whose arrest, charge, or conviction was sealed and their counsel, except as provided.
23. Provides that a criminal justice agency may access and use a record sealed as follows: a sealed conviction record may be accessed and used as required by an initiative statute; and a sealed record may be accessed and used for the limited purpose of determining the eligibility and suitability of a defendant for a diversion program.
24. Requires the court to provide the petitioner and petitioner’s counsel a certified copy of the court order concerning the sealing of the records subject to the order. Requires the court to provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the DOJ, related to the sealing of the arrest, charge, and conviction records.
25. Prohibits the record of a proceeding related to a petition that is accessible by the public from disclosing the petitioner’s full name.
26. Authorizes a court that grants relief to take additional action as appropriate under the circumstances to carry out the purposes of this section.
27. Provides that “eligible offense” means an offense that is not one of the following:
28. An offense listed in the violent felony list or for which the person is required to register as a sex offender.
29. Any offense specified in the serious felony list.
30. Any felony domestic violence offense.
31. A wet reckless, as defined.
32. A DUI.
33. A DUI causing injury.
34. Any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

Background

As a general matter, expungement is a more narrow remedy than the sealing and destruction of records. Expungement is a court-ordered dismissal after a conviction. (Pen. Code §1203.4, subd. (a).) Penal Code section 1203.425 provides a procedure for automatic record relief in which individuals can have certain misdemeanor and felony convictions dismissed and such information withheld from disclosure without having to file a petition with the court. (Pen. Code § 1203.425, subd. (a)(1).)

SB 393 (Lara, Chapter 680, Statutes of 2017), established a process for a person to petition a court to seal records of an arrest that did not result in a conviction, subject to certain exceptions. AB 1076 (Ting, Chapter 578, Statutes of 2019), required the DOJ to review the records in the statewide criminal justice databases monthly and identify individuals who are eligible for relief by having their arrest or conviction records, withheld from disclosure, and required DOJ to grant relief to an eligible person, without requiring a petition or motion.

This bill expands existing relief by allowing a person arrested of any offense that did not result in conviction, or who was charged with an offense that did not result in conviction, to petition the court for sealing relief of their arrest, charges, or conviction. The relief can be sought if the statute of limitations has run on every offense, the person completed a diversion program, or if an accusatory pleading was filed and the charge was dismissed, the person was acquitted, or a conviction was later vacated. The sealing may be ordered four years after the arrest, end of diversion, acquittal, or dismissal of the charge.

This bill excludes the following offenses from the relief afforded: serious felonies, violent felonies, offenses requiring sex offender registration, felony domestic violence, DUI, DUI causing injury, and wet reckless. This bill additionally excludes any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

Estimated $1.55 million in FY 2026-27, $3.75 million in FY 2027-28, $5.5 million in FY 2028-29, $5.4 million in FY 2029-30 and FY 2030-31, $3.25 million in FY 2031-32 and $2.5 million ongoing to the Department of Justice (DOJ). Costs for information technology systems would be for permanent and consultant positions for data analysts, Jave/SQL consultants, procurement and contract management. Costs for the Division of Criminal Law would be for deputy attorney generals to assess and respond to petitions for record relief in cases where DOJ was the prosecuting agency and handling appeals of denials of petitions. Unknown but potentially significant amount to seal records and make required notifications, including forwarding orders to the FBI.

Potentially similar cost as DOJ to the California Department of Corrections and Rehabilitation (CDCR). CDCR has reported that the potential volume of discharged cases that could be ordered sealed is substantial, and that Case Records staff would need to receive and review each court order, verify eligibility, and enter the required information into CDCR systems. To comply with the 90-day processing timeline, CDCR reports that it would need to contract with a vendor to modify existing systems and establish batch-processing capability to identify and seal eligible records. CDCR anticipates a substantial multi-year surge of eligible cases following implementation, which would require a temporary augmentation of limited-term positions, followed by a smaller level of ongoing staffing to address continuing petition volume.

Potentially significant court cost pressures by requiring a court that receives a petition for sealing to serve the prosecuting agency, hold a hearing if the petition is opposed, make a “best interest of justice” determination, and issue a sealing order. Actual costs will depend on the number of petitions filed, the amount of court time needed to adjudicate each petition, and court resources needed to issue and maintain records of sealing orders. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding. The FY 2026-27 Budget Act provided $70 million from the General Fund to offset revenue reductions. (Trial Court Trust Fund, General Fund)

Likely reimbursable costs of an unknown amount to local prosecutorial agencies and law enforcement agencies to review and respond to petitions within the 45-day response window, appear at hearings, and seal records upon court order. Costs will depend on whether the duties constitute a reimbursable mandate. (General Fund)

SUPPORT: (Verified 8/13/26)

Californians for Safety and Justice (source)

ACLU California Action

City and County of San Francisco

Ella Baker Center for Human Rights

Felony Murder Elimination Project

Reentry Council of the City and County of San Francisco

San Quentin Skunkworks

Smart Justice California

OPPOSITION: (Verified 8/13/26)

None received

ASSEMBLY FLOOR: 55-18, 5/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NOES: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Flora, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Johnson, Macedo, Patterson, Sanchez, Tangipa, Wallis

NO VOTE RECORDED: Bains, Lackey, Muratsuchi, Celeste Rodriguez, Schiavo, Soria, Ta

Prepared by: Stephanie Jordan / PUB. S. /

8/14/26 11:25:54

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 2384 (Lowenthal) - Crimes: records: sealing

Bill Summary:

AB 2384 would authorize a person who was arrested for, or was charged with, any offense that did not result in conviction or was convicted of an eligible offense, to petition the court to have their records of arrest, charge, or conviction, sealed if four years have elapsed since the date on which the person was arrested or completed any sentence or probation and the person has not committed another offense.

Fiscal Impact:

Estimated $1.55 million in FY 2026-27, $3.75 million in FY 2027-28, $5.5 million in FY 2028-29, $5.4 million in FY 2029-30 and FY 2030-31, $3.25 million in FY 2031-32 and $2.5 million ongoing to the Department of Justice (DOJ). Costs for information technology systems would be for permanent and consultant positions for data analysts, Jave/SQL consultants, procurement and contract management. Costs for the Division of Criminal Law would be for deputy attorney generals to assess and respond to petitions for record relief in cases where DOJ was the prosecuting agency and handling appeals of denials of petitions. Unknown but potentially significant amount to seal records and make required notifications, including forwarding orders to the FBI.

Potentially similar cost as DOJ to the California Department of Corrections and Rehabilitation (CDCR). CDCR has reported that the potential volume of discharged cases that could be ordered sealed is substantial, and that Case Records staff would need to receive and review each court order, verify eligibility, and enter the required information into CDCR systems. To comply with the 90-day processing timeline, CDCR reports that it would need to contract with a vendor to modify existing systems and establish batch-processing capability to identify and seal eligible records. CDCR anticipates a substantial multi-year surge of eligible cases following implementation, which would require a temporary augmentation of limited-term positions, followed by a smaller level of ongoing staffing to address continuing petition volume.

Potentially significant court cost pressures by requiring a court that receives a petition for sealing to serve the prosecuting agency, hold a hearing if the petition is opposed, make a “best interest of justice” determination, and issue a sealing order. Actual costs will depend on the number of petitions filed, the amount of court time needed to adjudicate each petition, and court resources needed to issue and maintain records of sealing orders. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding. The FY 2026-27 Budget Act provided $70 million from the General Fund to offset revenue reductions. (Trial Court Trust Fund, General Fund)

Likely reimbursable costs of an unknown amount to local prosecutorial agencies and law enforcement agencies to review and respond to petitions within the 45-day response window, appear at hearings, and seal records upon court order. Costs will depend on whether the duties constitute a reimbursable mandate. (General Fund)

Background:

“Sealing and destruction relief” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed. The court informs the petitioner that they may thereafter state that they were not arrested for the charge or adjudicated or convicted of the charge that was granted relief. This bill provides sealing relief, only.

Proposed Law:

This bill expands existing relief by allowing a person arrested of any offense that did not result in conviction, or who was charged with an offense that did not result in conviction, to petition the court for sealing relief of their arrest, charges, or conviction. Relief can be sought if the statute of limitations has run on every offense, the person completed a diversion program, or if an accusatory pleading was filed and the charge was dismissed, the person was acquitted, or a conviction was later vacated. The sealing may be ordered four years after the arrest, end of diversion, acquittal, or dismissal of the charge.

This bill provides that “eligible offense” means an offense that is not one of the following:

• An offense listed in the violent felony list or for which the person is required to register as a sex offender.
• Any offense specified in the serious felony list.
• Any felony domestic violence offense.
• A wet reckless, as defined.
• A DUI.
• A DUI causing injury.
• Any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

Staff Comments: This bill may conflict with federal law by inadvertently approving federal funding to federally ineligible In Home Support Service (IHSS) providers and foster care placements. This could lead to an unknown, but potentially major fiscal impact, possibly in the tens to hundreds of millions of dollars, due to potential loss of annual federal financial participation; audits and fines from the federal government; and multi-year repayment of federal funding for IHSS and Title IV-E noncompliance. 

Related Legislation:

SB 834 (Durazo) 2025 proposed requiring local court records to be updated to match DOJ records relating to arrests and convictions. SB 834 was held on the Assembly Appropriations Committee’s suspense file.

AB 704 (Lowenthal) 2025 proposed establishing a process for individuals who were arrested or convicted of a crime before they were 26 years old to seal and destroy records of their convictions and arrests. AB 704 was held on the Senate Appropriations Committee’s suspense file.

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 2384 Hearing Date: June 30, 2026

Subject: Crimes: records: sealing

HISTORY

Source: Californians for Safety and Justice

Prior Legislation: SB 834 (Durazo), held in Assembly Appropriations, 2025

AB 704 (Lowenthal), held in Senate Appropriations, 2025

AB 2420 (Lowenthal), held in Assembly Appropriations, 2024

AB 168 (Com. on Budget), Ch. 49, Stats. of 2024

SB 763 (Durazo), held in Senate Appropriations, 2023

AB 134 (Comm. on Budget), Ch. 47, Stats. of 2023

AB 567 (Ting), Ch. 444, Stats. of 2023

SB 731 (Durazo), Ch. 814, Stats. of 2022

AB 200 (Com. on Budget), Ch. 58, Stats. of 2022

AB 145 (Com. on Budget), Ch. 80, Stats. of 2021

SB 118 (Com. on Budget), Ch. 29, Stats. of 2020

SB 1045 (Bradford), not heard due to COVID-19, 2020

AB 1076 (Ting), Ch. 578, Stats. of 2019

SB 393 (Lara), Ch. 680, Stats. of 2017

Support: ACLU California Action; Californians for Safety and Justice; Ella Baker Center for Human Rights; Felony Murder Elimination Project; San Quentin Skunkworks; Smart Justice California

Opposition: None known

Assembly Floor Vote: 55 - 18

PURPOSE

The purpose of this bill is to authorize a person was arrested for, or was charged with, any offense that did not result in conviction or was convicted of an eligible offense, to petition the court to have their records of arrest, charge, or conviction, sealed if four years have elapsed since the date on which the person was arrested or completed any sentence or probation and the person has not committed another offense.

Existing law requires a court to grant expungement relief, with specified exceptions, for a misdemeanor or felony conviction for which the sentence included a period of probation and the petitioner successfully completed probation or terminated early, is not serving a sentence for, on probation for, or charged with the commission of any offense. Provides that the court has discretion to do so in the interests of justice in other probation cases. (Pen. Code, § 1203.4, subds. (a) & (b).)

Existing law requires the court to grant expungement relief, with specified exceptions, to defendants convicted of a misdemeanor and not granted probation or an infraction after one year from the date of the pronouncement of judgement, if the defendant has fully complied with and performed the sentence, is not serving a sentence, is not charged with a crime, has lived an honest and upright life, and has conformed to and obeyed the law. Provides that if the defendant does not satisfy these requirements, the court may in its discretion and in the interests of justice after one year from the date of pronouncement of judgment grant relief in non-probation cases in which the defendant has fully complied with and performed the sentence, is not serving a sentence, and is not charged with a crime. (Pen. Code, § 1203.4a, subds. (a) & (b).)

Existing law allows the court to grant expungement relief for a felony conviction if specified conditions are satisfied. (Pen. Code, § 1203.41.)

Existing law allows the court to grant expungement relief for a conviction of a petitioner sentenced to prison for a felony that, if committed after enactment of criminal justice realignment legislation in 2011, would have been eligible for county-jail sentencing. (Pen. Code, § 1203.42.)

Existing law provides that if a defendant successfully participated in the California Conservation Camp program as an incarcerated hand crew member, as specified, or successfully participated as a member of a county incarcerated hand crew, as specified, and has been released from custody, the defendant is eligible for expungement relief. (Pen. Code, § 1203.4b.)

Existing law provides that expungement relief releases the person from the penalties and disabilities resulting from the conviction, except the person:

• May have a prior conviction pleaded and proved if the person is subsequently prosecuted for another crime;
• Is not relieved of any prohibition on possessing, owning, or having under his or her custody or control any firearm and may be convicted as an ex-offender in possession of a firearm;
• Must disclose the conviction in response to any direct question in a questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery; moreover, any ban on holding public office that resulted from the conviction remains in effect; and
• May have their driver’s license revoked, suspended, or use limited after two or more Vehicle Code convictions. (Pen. Code, §§ 1203.4, subd. (a)(1)-(3); 1203.4a, subds. (a) & (c); 1203.41, subds. (a) & (b); 1203.42, subds. (a) & (b).)

Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor and who is eligible for expungement relief, or previously received expungement relief, to petition the court for an order sealing the record of conviction and arrest, and other official records in the case. (Pen. Code, § 1203.45, subd. (a).)

Existing law authorizes expungement relief when a person convicted of solicitation or prostitution has completed any term of probation and can show that they were a victim of human trafficking. (Pen. Code, § 1203.49.)

Existing law establishes a process by which a person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed. (Pen. Code, § 851.91.)

Existing law requires DOJ, on a monthly basis, to review statewide criminal records and determine whether a person is eligible for arrest record relief based on specified conditions. (Pen. Code, § 851.93.)

This bill authorizes a person, if the person suffered an arrest for any offense that did not result in conviction, was charged with an offense that did not result in a conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense and specified requirements are met, to petition the court for sealing relief of their convictions, charges, and arrests under this section.

This bill provides that records that did not result in a conviction are eligible for sealing relief if any of the following are true:

• The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
• The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:
  • No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
  • No conviction occurred and the person has been acquitted of the charges.
  • A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
• The person successfully completed a diversion program, as specified.

This bill authorizes the court to order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible, the date on which the record became eligible, or the date on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense. Prohibits, the court from ordering sealing relief if a conviction contains multiple offenses unless all offenses meet the eligibility requirements.

This bill requires the petition for sealing relief and supporting documentation to be served on the state or local prosecutorial agency that obtained the conviction for which sealing is sought or with the jurisdiction over charging decisions with regard to the arrest. Requires the state or local prosecutorial agency to have 45 days from the date of receipt of service to respond to the petition for relief.

This bill authorizes the court, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, to consolidate into one hearing a petition with multiple convictions from different jurisdictions.

This bill requires the court, if the petition is opposed, or if the court otherwise deems it necessary, to schedule a hearing on the petition. Provides that the hearing may consist of the following:

• Testimony by the petitioner, which may be required in support of the petition.
• Evidence and supporting documentation in support of the petition.
• Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.

This bill prohibits a petition from being granted if either of the following is true:

• The petitioner is subject to terms and conditions of any unexpired criminal protective orders.
• The petitioner has not paid any financial restitution order that directly benefits the victim of a crime. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.

This bill authorizes a court, after considering the totality of the evidence presented, to order sealing relief if it finds it is in the best interest of justice.

This bill requires the court, if it grants a petition, to issue a written ruling and order to the petitioner, the petitioner’s counsel, the DOJ, the prosecuting attorney, and the law enforcement agency that made the arrest that does all of the following:

• States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest or conviction, except as provided.
• Orders the DOJ, any law enforcement agency, or any criminal justice agency, as defined, that has taken action or maintains records subject to the petition to seal the record of arrest, charge, or conviction according to this section.
• Orders the DOJ to forward the order to the FBI to request that any records of the arrest, charge, or conviction subject to the sealing relief order that are maintained by the FBI be sealed for all noncriminal justice purposes.

This bill requires any government agency, as described, to seal its records granted sealing relief pursuant to this section within 90 days after the court issues the order.

This bill prohibits a record granted sealing relief, including all court records related to the sealed arrest, charge, or conviction, from being disclosed to any person or entity except the person whose arrest, charge, or conviction was sealed and their counsel, except as provided.

This bill provides that a criminal justice agency may access and use a record sealed pursuant to this section as follows:

• A sealed conviction record may be accessed and used as required by an initiative statute.
• A sealed record may be accessed and used for the limited purpose of determining the eligibility and suitability of a defendant for a diversion program.

This bill requires the court to provide the petitioner and petitioner’s counsel a certified copy of the court order concerning the sealing of the records subject to the order. Requires the court to provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the DOJ, related to the sealing of the arrest, charge, and conviction records.

This bill prohibits the record of a proceeding related to a petition that is accessible by the public from disclosing the petitioner’s full name.

This bill authorizes a court that grants relief to take additional action as appropriate under the circumstances to carry out the purposes of this section.

This bill provides that “eligible offense” means an offense that is not one of the following:

• An offense listed in the violent felony list or for which the person is required to register as a sex offender.
• Any offense specified in the serious felony list.
• Any felony domestic violence offense.
• A wet reckless, as defined.
• A DUI.
• A DUI causing injury.
• Any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

COMMENTS

1. Need For This Bill

According to the author:

Every person deserves the opportunity to move beyond their past. Expungement was considered to be the gold standard of relief, however it falls short. Private data brokers, background check companies, and internet archives continue to circulate criminal histories indefinitely, leaving expunged records exposed in housing applications, licensing decisions, and background screenings. The record follows a person long after the law says it shouldn’t.

This bill, authorizing Record Sealing, closes that gap. By restricting public access entirely, it delivers the genuine second chance that expungement promises but fails to provide, ensuring that a single mistake does not become a lifetime of closed doors. Without action, individuals remain locked out of stable housing, employment, and full civic participation. This bill restores what no conviction should permanently strip away. The ability to move forward with civil rights, public benefits, and dignity intact.

1. Arrest and Conviction Record Relief

As a general matter, expungement is a more narrow remedy than the sealing and destruction of records. Expungement is a court-ordered dismissal after a conviction. (Pen. Code §1203.4, subd. (a).) Penal Code section 1203.425 provides a procedure for automatic record relief in which individuals can have certain misdemeanor and felony convictions dismissed and such information withheld from disclosure without having to file a petition with the court. (Pen. Code § 1203.425, subd. (a)(1).)

SB 393 (Lara), Chapter 680, Statutes of 2017, established a process for a person to petition a court to seal records of an arrest that did not result in a conviction, subject to certain exceptions. AB 1076 (Ting), Chapter 578, Statutes of 2019, required the DOJ to review the records in the statewide criminal justice databases monthly and identify individuals who are eligible for relief by having their arrest or conviction records, withheld from disclosure, and required DOJ to grant relief to an eligible person, without requiring a petition or motion.

This bill expands existing relief by allowing a person arrested of any offense that did not result in conviction, or who was charged with an offense that did not result in conviction, to petition the court for sealing relief of their arrest, charges, or conviction. The relief can be sought if the statute of limitations has run on every offense, the person completed a diversion program, or if an accusatory pleading was filed and the charge was dismissed, the person was acquitted, or a conviction was later vacated. The sealing may be ordered four years after the arrest, end of diversion, acquittal, or dismissal of the charge.

This bill excludes the following offenses from the relief afforded: serious felonies, violent felonies, offenses requiring sex offender registration, felony domestic violence, DUI, DUI causing injury, and wet reckless. This bill additionally excludes any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

1. Argument in Support

Californians for Safety and Justice, the bill’s sponsor, writes:

Current law allows a limited set of convictions to be dismissed and expunged after an individual successfully completes probation and pays all fines and fees. These dismissals address the profound and pervasive problems caused by convictions, including barriers to housing, employment, and many other societal functions.

But the relief granted through dismissals under current law is often incomplete, as it fails to address the disenfranchisement that convictions too often cause. While persons convicted of low level, and misdemeanor crimes are currently eligible to have their records expunged, disenfranchisement is still very common, as expunged records remain accessible in various circumstances, and too often continue to act as a barrier to those who are trying to re-assimilate into civic life, even when they have been forgiven by our justice system.

To remedy these problems, AB 2384 will allow sealing of arrest and related records of persons whose convictions meet the eligibility requirements. AB 2384 simply gives persons with eligible convictions the ability to petition the courts, who then have the discretion to deem whether granting this relief is in the interest of justice.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2384

Author:(Lowenthal)

As Amended Ver:May 18, 2026

Majority vote

SUMMARY

Authorizes a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or was convicted of an eligible offense, to petition the court to have their records of conviction, charge, or arrest sealed if four years have elapsed since the date on which the person was arrested or completed any sentence or probation and the person has not committed another offense.

Major Provisions

1. Provides that a person who has an arrest that did not result in conviction or was charged with an offense that did not result in conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense, the person may petition the court for sealing relief of their conviction, charges, and arrests.
2. Provides that records that did not result in a conviction are eligible for sealing relief if any of the following are true:
   1. The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had a jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
   2. The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:
      1. No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
      2. No conviction occurred and the person has been acquitted of the charges.
      3. A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
   3. The person successfully completed a diversion program.
3. Provides the court may order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible, the date on which the record became eligible under 2), above, or the date the defendant completed any terms of incarceration, probation, mandatory supervision, post release community supervision, or parole associated with the record, whichever occurred later during which the defendant has not been convicted of a new offenses.
4. Provides that if a conviction contains multiple offenses, the court shall not order sealing relief unless all offenses meet the eligibility requirement of this section.
5. Provides that if a petition for sealing relief shall be served on the state or local prosecutor that obtained the conviction or the jurisdiction over charging decisions with regards to the arrest.
6. Provides that cases may be consolidated with agreement of the court, petitioner, and prosecutor.
7. Provides that if the petition is opposed, or the court deems it necessary, the court shall schedule a hearing which shall consist of testimony by the petitioner, evidence and support documents, and opposition evidence presented by the prosecutorial agency that obtained the conviction.
8. Provides the petition shall not be granted if either of the following are true:
   1. The petition is subject to terms and conditions of any unexpired criminal protective orders.
   2. The petitioner has not paid any financial restitution order that directly benefits the victim of a crime.
9. Provides that with the exception of restitution, the collection other fines shall be stayed while the petition is pending.
10. Provides that after considering the totality of the evidence, the court may order sealing if it finds it is in the best interest of justice.
11. Provides that if the court grants the petition, the court shall issue a written ruling and order that does all the following:
    1. States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest of conviction except as otherwise provided.
    2. Orders the Department of Justice (DOJ), or any criminal justice agency to seal the record of arrest within 90 days.
    3. Orders the DOJ to forward the order to the Federal Bureau of Investigation (FBI) to request the records be sealed for all noncriminal justice purposes.
12. Provides that a record granted sealing relief shall include all records related to the arrest, charge or conviction and shall not be disclosed to any person or entity other than the person whose record was sealed or their counsel.
13. Provides that notwithstanding the above, a criminal justice agency may access and use a sealed conviction record as required by an initiative statute or for the limited purpose of determining the eligibility and suitability of a defendant for a diversion program.
14. Provides the petitioner's name shall not be included in a record of a related proceeding that is accessible to the public.
15. Provides that a court granting relief may take additional actions as necessary.
16. Defines eligible offense as an offense that is not one of the following:
    1. A serious or violent felony.
    2. A registerable sex offense.
    3. Felony Domestic Violence.
    4. Reckless driving or wet reckless.
    5. Driving under the influence (DUI) or DUI with injury.
    6. Any offense that may be pled and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.

COMMENTS

According to the Author

"Offering individuals a chance to start fresh empowers them to reintegrate into society with their civil rights, public benefits, and employment prospects intact. While expungement of a record provides some relief, it often falls short.

"Expunged records can still be accessed in various contexts, such as housing, licensing, and background checks, as private data brokers, background check companies, and internet archives continue to circulate criminal history indefinitely. Record sealing, by contrast, offers a more meaningful second chance by limiting public access altogether, ensuring that past mistakes do not continue to define a person's future. Sealing the records of eligible individuals will prevent housing barriers, restrictions on movement, and other lasting consequences that these convictions so frequently impose."

Arguments in Support

According to ACLU California Action, "Current law allows a limited set of convictions to be dismissed and expunged after an individual successfully completes probation and pays all fines and fees. These dismissals address the profound and pervasive problems caused by convictions, including barriers to housing, employment, and many other societal functions.

"But the relief granted through dismissals under current law is often incomplete, as it fails to address the disenfranchisement that convictions too often cause. While persons convicted of low level, and misdemeanor crimes are currently eligible to have their records expunged, disenfranchisement is still very common, as expunged records remain accessible in various circumstances, and too often continue to act as a barrier to those who are trying to re-assimilate into civic life, even when they have been forgiven by our justice system.

"To remedy these problems, AB 2384 will allow sealing of arrest and related records of people whose convictions meet the eligibility requirements. AB 2384 simply gives people with eligible convictions the ability to petition the courts, who then have the discretion to deem whether granting this relief is in the interest of justice."

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Significant costs to the California Department of Corrections and Rehabilitation (CDCR) in the low millions (General Fund), primarily driven by one-time information technology modifications and staffing augmentation, with a smaller portion of ongoing costs. CDCR has reported that the potential volume of discharged cases that could be ordered sealed is substantial, and that Case Records staff would need to receive and review each court order, verify eligibility, and enter the required information into CDCR systems — steps that are inherently labor-intensive and apply across a broad number of individuals. To comply with the bill's 90-day processing timeline, CDCR reports that it would need to contract with a vendor to modify existing systems and establish batch-processing capability to identify and seal eligible records. CDCR anticipates a substantial multi-year surge of eligible cases following implementation, which would require a temporary augmentation of limited-term positions, followed by a smaller level of ongoing staffing to address continuing petition volume. CDCR's cost estimate may overstate the bill's actual fiscal impact: unlike AB 704 (Lowenthal), of the current legislative session, this bill requires only sealing — not sealing and destruction — of records, and expressly prohibits sealing of any conviction containing both eligible and ineligible offenses, simplifying CDCR's case-by-case processing logic. At the same time, this bill's expansion to any eligible person — rather than AB 704's limitation to those under age 26 — increases the scope, thus raising costs for compliance.
2. Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts. The bill requires a court that receives a petition for sealing to serve the prosecuting agency, hold a hearing if the petition is opposed, make a "best interest of justice" determination, and issue a sealing order. Actual costs will depend on the number of petitions filed, the amount of court time needed to adjudicate each petition, and court resources needed to issue and maintain records of sealing orders. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the Trial Court Trust Fund to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
3. Costs (General Fund) to DOJ of an unknown but potentially significant amount to seal records and make required notifications, including forwarding orders to the FBI. Actual costs will depend on the number of petitions granted and the workload associated with each order. DOJ has reported that they are unable to provide a cost estimate at this point.
4. Likely reimbursable costs (local funds, General Fund) of an unknown amount to local prosecutorial agencies and law enforcement agencies to review and respond to petitions within the 45-day response window, appear at hearings, and seal records upon court order. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.

The Legislative Analyst's Office recently warned of General Fund structural deficits of around $35 billion per year beginning in the 2027-28 fiscal year.

VOTES

ASM PUBLIC SAFETY: 7-1-1

YES: Schultz, Mark González, Haney, Harabedian, Nguyen, Ramos, Sharp-Collins

NO: Alanis

ABS, ABST OR NV: Lackey

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Aguiar-Curry, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache

NO: Hoover, Dixon, Tangipa

ABS, ABST OR NV: Ta

UPDATED

VERSION: May 18, 2026

CONSULTANT: Mary Kennedy / PUB. S. / (916) 319-3744 FN: 0002920

Date of Hearing: May 13, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2384

Author:(Lowenthal) – As Amended Ver:March 16, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill authorizes a person who has suffered an arrest that did not result in conviction, was charged with an offense that did not result in conviction, or was convicted of an eligible offense, to petition the court to have their arrest, charge, or conviction records sealed, if four years have elapsed since the arrest, the date of eligibility, or the date of sentence or supervision completion, whichever is later, and the person has not been convicted of a new offense during that period.

Specifically, this bill:

1. Excludes from eligibility convictions for serious felonies, violent felonies, registerable sex offenses, felony domestic violence, and driving under the influence offenses.
2. Requires service of the petition on the relevant prosecuting agency, which has 45 days to respond, and authorizes an opposed petition to proceed to a hearing at which the petitioner may testify and both parties may present evidence.
3. Provides that a petition may be granted upon a finding that sealing is in the interest of justice, requires records to be sealed within 90 days of the order, and requires the Department of Justice (DOJ) to forward the order to the Federal Bureau of Investigation (FBI) for noncriminal-justice-purpose sealing.
4. Requires restitution to the victim to be paid prior to granting relief; bars relief while the petitioner is subject to an unexpired criminal protective order; stays collection of other fines pending petition decision; and requires that the public record of the proceeding not disclose the petitioner’s full name.
5. Prohibits sealing of any conviction containing multiple offenses unless every offense meets the eligibility requirements.

FISCAL EFFECT:

1. Significant costs to the California Department of Corrections and Rehabilitation (CDCR) in the low millions (General Fund), primarily driven by one-time information technology modifications and staffing augmentation, with a smaller portion of ongoing costs. CDCR has reported that the potential volume of discharged cases that could be ordered sealed is substantial, and that Case Records staff would need to receive and review each court order, verify eligibility, and enter the required information into CDCR systems — steps that are inherently labor-intensive and apply across a broad number of individuals. To comply with the bill’s 90-day processing timeline, CDCR reports that it would need to contract with a vendor to modify existing systems and establish batch-processing capability to identify and seal eligible records. CDCR anticipates a substantial multi-year surge of eligible cases following implementation, which would require a temporary augmentation of limited-term positions, followed by a smaller level of ongoing staffing to address continuing petition volume. CDCR’s cost estimate may overstate the bill’s actual fiscal impact: unlike AB 704 (Lowenthal), of the current legislative session, this bill requires only sealing — not sealing and destruction — of records, and expressly prohibits sealing of any conviction containing both eligible and ineligible offenses, simplifying CDCR’s case-by-case processing logic. At the same time, this bill’s expansion to any eligible person — rather than AB 704’s limitation to those under age 26 — increases the scope, thus raising costs for compliance.
2. Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts. The bill requires a court that receives a petition for sealing to serve the prosecuting agency, hold a hearing if the petition is opposed, make a “best interest of justice” determination, and issue a sealing order. Actual costs will depend on the number of petitions filed, the amount of court time needed to adjudicate each petition, and court resources needed to issue and maintain records of sealing orders. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the Trial Court Trust Fund to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
3. Costs (General Fund) to DOJ of an unknown but potentially significant amount to seal records and make required notifications, including forwarding orders to the FBI. Actual costs will depend on the number of petitions granted and the workload associated with each order. DOJ has reported that they are unable to provide a cost estimate at this point.
4. Likely reimbursable costs (local funds, General Fund) of an unknown amount to local prosecutorial agencies and law enforcement agencies to review and respond to petitions within the 45-day response window, appear at hearings, and seal records upon court order. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.

The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year beginning in the 2027-28 fiscal year.

COMMENTS:

1. Purpose. According to the author:

Offering individuals a chance to start fresh empowers them to reintegrate into society with their civil rights, public benefits, and employment prospects intact. While expungement of a record provides some relief, it often falls short. Expunged records can still be accessed in various contexts, such as housing, licensing, and background checks, as private data brokers, background check companies, and internet archives continue to circulate criminal history indefinitely. Record sealing, by contrast, offers a more meaningful second chance by limiting public access altogether, ensuring that past mistakes do not continue to define a person’s future.

1. Background. California offers several ways to reduce the ongoing burden of a criminal record, but each operates differently and each has limits. Expungement allows a person who has completed probation or a sentence for certain convictions to petition the court to have the conviction dismissed. Expungement lets the person answer most questions about their record by saying they were not convicted — but the record itself still exists. Expunged records continue to appear on many background checks, remain accessible to licensing agencies, and can still be pulled by private data brokers and background check companies. Sealing is a stronger remedy. When a record is sealed, it is removed from public access altogether, not just dismissed. Sealing is currently available in California only in limited circumstances — for example, automatic sealing for certain arrests that did not result in conviction and for specified misdemeanors and felonies, and petition-based sealing for juveniles and narrow other categories. Automatic systems are efficient because they do not require a petition, but they reach only a portion of the population who might benefit, and they do not cover convictions for most offenses.

This bill creates a new petition-based sealing pathway that fills gaps in existing law. A person may petition a court to seal their record if they were arrested but never charged, charged but not convicted (dismissal, acquittal, or the case was vacated), successfully completed a diversion program, or convicted of an offense not excluded by the bill. Unlike automatic relief, each sealing order under this bill requires a court petition, prosecutorial review, and a judicial determination, which is the primary driver of the fiscal impact. The court retains discretion to deny a petition even when the petitioner satisfies all eligibility requirements, and may grant sealing relief only if it finds doing so is in the best interest of justice based on the totality of the evidence presented.

This bill differs from AB 704, of the current legislative session, which was held on the Senate Appropriations suspense file. AB 704 requires both sealing and destruction of records and limits eligibility to people arrested or convicted before age 26. This bill requires only sealing, removes the age cap, and adds a disqualifier for petitioners subject to unexpired criminal protective orders. Both bills include successful diversion completion as a basis for relief, and the eligible-offense exclusion lists in both bills are substantially similar — serious felonies, violent felonies, registerable sex offenses, felony domestic violence, and DUI offenses — though AB 704 also excludes any offense pleadable as a prior for sentencing enhancement purposes, an exclusion this bill does not carry forward. This bill expressly prohibits relief unless every offense in a multi-count conviction is eligible; AB 704 is silent on the treatment of mixed-eligibility cases.

1. Prior Legislation. AB 2420 (Lowenthal), of the 2023-24 Session, would have authorized any person whose arrest or conviction was set aside under existing expungement law to petition for sealing of related records. AB 2420 was held on this committee’s suspense file.

Analysis Prepared by: Shiran Zohar / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Mary Kennedy

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 2384

Author:(Lowenthal) – As Amended Ver:March 16, 2026

SUMMARY:

Authorizes a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or was convicted of an eligible offense, to petition the court to have their records of conviction, charge, or arrest sealed if four years have elapsed since the date on which the person was arrested or completed any sentence or probation and the person has not committed another offense. Specifically, this bill:

1. Provides that a person who has an arrest that did not result in conviction or was charged with an offense that did not result in conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense, the person may petition the court for sealing relief of their conviction, charges, and arrests.
2. Provides that records that did not result in a conviction are eligible for sealing relief if any of the following are true:
   1. The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had a jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
      
   2. The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:
      
      1. No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
         
      2. No conviction occurred and the person has been acquitted of the charges.
         
      3. A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
         
   3. The person successfully completed a diversion program.
3. Provides the court may order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible, the date on which the record became eligible under (2) or the date the defendant completed any terms of incarceration, probation, mandatory supervision, post release community supervision, or parole associated with the record, whichever occurred later during which the defendant has not been convicted of a new offenses.
4. Provides that if a conviction contains multiple offenses, the court shall not order sealing relief unless all offenses meet the eligibility requirement of this section.
5. Provides that if a petition for sealing relief shall be served on the state or local prosecutor that obtained the conviction or the jurisdiction over charging decisions with regards to the arrest.
6. Provides that cases may be consolidated with agreement of the court, petitioner, and prosecutor.
7. Provides that if the petition is opposed, or the court deems it necessary, the court shall schedule a hearing which shall consist of testimony by the petitioner, evidence and support documents, and opposition evidence presented by the prosecutorial agency that obtained the conviction.
8. Provides the petition shall not be granted if either of the following are true:
   1. The petition is subject to terms and conditions of any unexpired criminal protective orders.
      
   2. The petitioner has not paid any financial restitution order that directly benefits the victim of a crime.
9. Provides that with the exception of restitution, the collection other fines shall be stayed while the petition is pending.
10. Provides that after considering the totality of the evidence, the court may order sealing if it finds it is in the best interest of justice.
11. Provides that if the court grants the petition, the court shall issue a written ruling and order that does all the following:
    1. States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest of conviction except as otherwise provided.
       
    2. Orders the Department of Justice (DOJ), or any criminal justice agency to seal the record of arrest within 90 days.
       
    3. Orders the DOJ to forward the order to the Federal Bureau of Investigation (FBI) to request the records be sealed for all noncriminal justice purposes.
12. Provides that a record granted sealing relief shall include all records related to the arrest, charge or conviction and shall not be disclosed to any person or entity other than the person whose record was sealed or their counsel.
13. Provides that notwithstanding the above, a criminal justice agency may access and use a sealed conviction record as required by an initiative statute.
14. Provides the petitioner’s name shall not be included in a record of a related proceeding that is accessible to the public.
15. Provides that a court granting relief may take additional actions as necessary.
16. Defines eligible offense as an offense that is not one of the following:
    
    1. A serious or violent felony.
       
    2. A registerable sex offense.
       
    3. Felony Domestic Violence.
       
    4. DUI or DUI with injury.

EXISTING LAW:

1. Requires a court to grant expungement relief, with specified exceptions, for a misdemeanor or felony conviction for which the sentence included a period of probation and the petitioner successfully completed probation or terminated early, is not serving a sentence for, on probation for, or charged with the commission of any offense. The court has discretion to do so in the interests of justice in other probation cases. (Pen. Code, § 1203.4, subds. (a) & (b).)
2. Requires the court to grant expungement relief, with specified exceptions, to defendants convicted of a misdemeanor and not granted probation or an infraction after one year from the date of the pronouncement of judgement, if the defendant has fully complied with and performed the sentence, is not serving a sentence, is not charged with a crime, has lived an honest and upright life, and has conformed to and obeyed the law. If the defendant does not satisfy these requirements, the court may in its discretion and in the interests of justice after one year from the date of pronouncement of judgment grant relief in non-probation cases in which the defendant has fully complied with and performed the sentence, is not serving a sentence, and is not charged with a crime. (Pen. Code, § 1203.4a, subds. (a) & (b).)
3. Allows the court to grant expungement relief for a felony conviction if specified conditions are satisfied. (Pen. Code, § 1203.41.)
4. Allows the court to grant expungement relief for a conviction of a petitioner sentenced to prison for a felony that, if committed after enactment of criminal justice realignment legislation in 2011, would have been eligible for county-jail sentencing to obtain an expungement. (Pen. Code, § 1203.42.)
5. States that if a defendant successfully participated in the California Conservation Camp program as an inmate hand crew member, as specified, or successfully participated as a member of a county inmate hand crew, as specified, and has been released from custody, the defendant is eligible for expungement relief. (Pen. Code, § 1203.4b.)
6. Specifies that expungement relief releases the person from the penalties and disabilities resulting from the conviction, except the person:
   
   1. May have a prior conviction pleaded and proved if the person is subsequently prosecuted for another crime;
      
   2. Is not relieved of any prohibition on possessing, owning, or having under his or her custody or control any firearm and may be convicted as an ex-offender in possession of a firearm;
      
   3. Must disclose the conviction in response to any direct question in a questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery; moreover, any ban on holding public office that resulted from the conviction remains in effect; and
      
   4. May have their driver’s license revoked, suspended, or use limited after two or more Vehicle Code convictions. (Pen. Code, §§ 1203.4, subd. (a)(1)-(3); 1203.4a, subds. (a) & (c); 1203.41, subds. (a) & (b); 1203.42, subds. (a) & (b).)
7. Authorizes a person who was under 18 years of age at the time of commission of a misdemeanor and who is eligible for expungement relief, or previously received expungement relief, to petition the court for an order sealing the record of conviction and arrest, and other official records in the case. (Pen. Code, § 1203.45, subd. (a).)
8. Authorizes expungement relief when a person convicted of solicitation or prostitution has completed any term of probation and can show that they were a victim of human trafficking. (Pen. Code, § 1203.49)
9. Provides that on a monthly basis, the DOJ shall review statewide criminal records and determine whether a person is eligible for arrest record relief based on specified conditions. (Pen. Code, 851.93)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Offering individuals a chance to start fresh empowers them to reintegrate into society with their civil rights, public benefits, and employment prospects intact. While expungement of a record provides some relief, it often falls short.

“Expunged records can still be accessed in various contexts, such as housing, licensing, and background checks, as private data brokers, background check companies, and internet archives continue to circulate criminal history indefinitely. Record sealing, by contrast, offers a more meaningful second chance by limiting public access altogether, ensuring that past mistakes do not continue to define a person’s future. Sealing the records of eligible individuals will prevent housing barriers, restrictions on movement, and other lasting consequences that these convictions so frequently impose.”

1. Expungement and Arrest Record Relief: As a general matter, expungement is a more narrow remedy than the sealing an destruction of records. Expungement is a court-ordered dismissal after a conviction. (See Pen. Code §1203.4, subd. (a).) Additionally, Penal Code section 1203.425 provides a procedure in which persons can have certain misdemeanor and felony convictions dismissed and have such information withheld from disclosure, all without having to file a petition with the court. This is known as automatic record relief. (Pen. Code § 1203.425, subd. 9(a)(1)) Penal Code section 851.93 provides similar automatic relief for arrest records.
2. Collateral consequences: There are many collateral consequences of a conviction that can have lifelong impacts. According to background from the author, there are “over 4800 laws that impose harmful collateral consequences long after successful completion of a sentence.” While DOJ is not allowed to release information on arrests without a conviction, arrests are public records and a background check may impact a person’s ability to find housing and employment even if the person was never convicted. Clearly, a person with a conviction who successfully completed a diversion program will also have lifelong consequences, even if the diversion was intended to help rehabilitate them.
3. Sealing of arrests not resulting in conviction or for which diversion was granted: This bill would add to existing relief by allowing a person arrested of any offense that did not result in conviction, or was charged with an offense that did not result in conviction, to petition the court for sealing relief of their convictions, charges, and arrests. The relief can be sought if the statute of limitations has run on every offense, the person completed a diversion program, or if an accusatory pleading was filed and the charge was dismissed, the person was acquitted or a conviction was later vacated.

The sealing may be ordered four years after the arrest, end of diversion, acquittal, or dismissal of the charge.

A person may not seek this relief if the arrest was for a serious or violent felony or a DUI.

1. Argument in Support: According to ACLU California Action, “Current law allows a limited set of convictions to be dismissed and expunged after an individual successfully completes probation and pays all fines and fees. These dismissals address the profound and pervasive problems caused by convictions, including barriers to housing, employment, and many other societal functions.
   
   “But the relief granted through dismissals under current law is often incomplete, as it fails to address the disenfranchisement that convictions too often cause. While persons convicted of low level, and misdemeanor crimes are currently eligible to have their records expunged, disenfranchisement is still very common, as expunged records remain accessible in various circumstances, and too often continue to act as a barrier to those who are trying to re-assimilate into civic life, even when they have been forgiven by our justice system.
   
   “To remedy these problems, AB 2384 will allow sealing of arrest and related records of people whose convictions meet the eligibility requirements. AB 2384 simply gives people with eligible convictions the ability to petition the courts, who then have the discretion to deem whether granting this relief is in the interest of justice.”
   
2. Argument in Opposition: None submitted.
   
3. Related Legislation: None
   
4. Prior Legislation:
   1. AB 704 (Lowenthal), of the 2025-2026 Legislative Session, would have authorized a person arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age, to petition the court to have their records of that conviction or arrest sealed and destroyed. AB 704 was held in suspense in the Senate Appropriations Committee.
   2. AB 2420 (Lowenthal), of the 2023-2024 Legislative Session, would have authorized any person who had their arrest or conviction set aside and dismissed pursuant to existing law related to expungements to petition the court to have their arrest and related records sealed. AB 2420 was held in suspense in the Assembly Appropriations Committee.
   3. SB 731 (Durazo) Chapter 814, Statutes 2022, permitted additional relief by way of withdrawing a plea and deleting arrest records for the purpose of most criminal background checks.
   4. AB 2978 (Ting), of the 2019-2020 Legislative Session, contained the same provisions as this bill. AB 2978 was never heard in the Assembly Public Safety Committee.
      
   5. AB 1076 (Ting), Chapter 578, Statutes of 2019, required starting on January 1, 2021, and subject to an appropriation in the annual Budget Act, that the DOJ, on a monthly basis, review the records in the statewide criminal justice databases grant relief to persons who identify persons who are eligible for relief by having their arrest records, or their criminal conviction records, withheld from disclosure, as specified.
      
   6. AB 972 (Bonta), of the 2019-2020 Legislative Session, would have established a process for courts to automatically redesignate as misdemeanors, felony convictions which are eligible to be reduced to misdemeanors because of the passage of Proposition 47 (2014). AB 972 was held in the Assembly Appropriations Committee.
      
   7. AB 2438 (Ting), of the 2017-2018 Legislative Session, would have required automatic expungements of certain convictions, as specified. AB 2438 was held of the Assembly Appropriations Suspense File.
      
   8. AB 1793 (Bonta), Chapter 993, Statutes of 2018, required the court to automatically resentence, redesignate, or dismiss cannabis-related convictions.
      
   9. AB 641(Bradford), Chapter 787, Statutes of 2013, authorized a court, in its discretion and in the interests of justice, to grant expungement relief for a conviction of a petitioner sentenced to county jail pursuant to criminal justice realignment if specified conditions are satisfied.
      
   10. AB 1384 (Bradford) Chapter 284, Statutes 2011 provided that a court, in its discretion and in the interest of justice, can determine that a defendant who has been convicted of a misdemeanor and not granted probation or an infraction should be granted expungement relief after the lapse of one year from the date of pronouncement of the judgment.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Boys and Men of Color (Co-Sponsor)
California Coalition for Women's Prisoners (Co-Sponsor)
California for Safety and Justice (Co-Sponsor)
California Innocence Coalition (Co-Sponsor)
Felony Murder Elimination Project (Co-Sponsor)
Rubicon Programs (Co-Sponsor)
ACLU California Action
All of US or None (HQ)
California Public Defenders Association
Center on Juvenile and Criminal Justice
Courage California
Ella Baker Center for Human Rights
Glide
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
San Francisco Public Defender
San Quentin Skunkworks
Silicon Valley De-bug

Opposition

None submitted.

Analysis Prepared by:

Mary Kennedy / PUB. S. / (916) 319-3744