Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief based on specified criteria.

This bill would make a technical, nonsubstantive change to those provisions.

Date of Hearing: August 20, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 834

Author:(Durazo) – As Amended Ver:March 26, 2025

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

SUMMARY:

This bill provides guidance to the Department of Justice (DOJ) and adds reporting duties for the courts when conducting automatic criminal records relief.

Specifically, this bill:

1. Specifies that for purposes of determining whether a person has pending criminal charges, DOJ shall conclude are no pending criminal charges if at least three years have elapsed with no new activity related to the person’s record.
2. Requires a court to note, as specified, any criminal history entries for which relief has been granted in local summary criminal history information the court provides to any recipient.
3. Requires a court to include the notes described in item 2, above, in all local criminal databases maintained by the court.
4. Requires a court to furnish, upon the request of a person who was granted criminal record relief, a certificate of disposition confirming the court received and complied with a grant of record relief.

FISCAL EFFECT:

1. Costs (General Fund) to DOJ, possibly in the hundreds of thousands of dollars to low millions of dollars annually. DOJ anticipates costs of approximately $835,000 in fiscal year (FY) 2025-26, $1.4 million in FY 2026-27, and $873,000 ongoing thereafter. These costs include two staff positions in FY 2025-26 and four staff positions in FY 2026-27 and ongoing, and a limited-term consultant for the Bureau of Criminal Information and Analysis. DOJ reports these positions will be responsible for analyzing and making changes to DOJ’s existing automatic record process and making changes to, testing, and performing maintenance on IT systems.
2. Costs (General Fund, Trial Court Trust Fund) to the courts of an unknown but potentially significant amount to reconfigure the courts’ case management systems to fulfill the requirements of this bill. Increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2025-26 state budget provides $82 million ongoing General Fund to the Trial Court Trust Fund for court operations.

COMMENTS:

1. Background. In 2019, the Legislature passed AB 1076 (Ting), Chapter 578, Statutes of 2019, which, in relevant part, established a process for automatically dismissing and sealing certain criminal convictions on a person’s criminal history record. By establishing an automatic process for reviewing and dismissing qualifying convictions, AB 1076 eliminated the need for someone to file a petition with the court to have certain convictions dismissed and made confidential. Subsequent legislation delayed implementation of automatic conviction record relief, and expanded the law to provide automatic relief for additional felony offenses. In 2023, the Legislature expanded automatic record relief to certain misdemeanors, and required DOJ to provide, upon request from a person who received record relief for any qualifying conviction, confirmation that relief was granted.

To conduct automatic relief, statute requires DOJ to review the records in its statewide criminal justice databases each month, identify people with convictions that qualify for relief, determine whether those people are eligible for relief, and grant relief. A person is eligible for relief if they have a qualifying conviction and they are not required to register as a sex offender, do not have an active record for supervision, the person is not currently serving a criminal sentence, and there is “no indication of pending criminal charges” against the person.

1. Purpose. This bill provides guidance to DOJ about how to determine whether there is any indication of pending criminal charges against a person who is otherwise eligible for automatic criminal record relief. The bill also requires courts to update local criminal history records to reflect relief granted, and provide documentation of relief granted. According to the author:

[I]f an individual was arrested years ago but never charged, their record might still show as “pending” because no final outcome was reported to the [DOJ]. Even though the legal system abandoned the case long ago, this unresolved label blocks them from the automatic relief they are entitled to. Even for individuals who do receive relief, outdated local court records create ongoing harm. If a background check pulls from these local records — as many do — an old conviction may still appear, causing someone to lose out on a job, housing, or loan.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

 THIRD READING  

Bill No: SB 834

Author: Durazo (D)

Amended: 3/26/25

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/22/25

AYES: Arreguín, Caballero, Gonzalez, Pérez, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25

AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto

NO VOTE RECORDED: Dahle

SUBJECT: Criminal records: relief

SOURCE: Californians for Safety and Justice

DIGEST:

This bill clarifies the meaning of “pending charges” to prevent outdated charges from blocking automatic conviction record relief, requires local court records to be updated to match state Department of Justice (DOJ) records, and requires the court to provide an individual granted relief with written proof of relief upon their request.

ANALYSIS:

Existing law:

1. Requires, commencing October 1, 2024 and subject to an appropriation in the annual Budget Act, the DOJ to review the records in the statewide criminal justice databases on a monthly basis, and based on information in the state criminal history repository and the Supervised Release File, identify persons with convictions that meet the specified criteria and are eligible for automatic

conviction record relief. (Penal (Pen.) Code, § 1203.425, Subdivision (subd.) (a)(1)(A).)

1. Provides that a person is eligible for automatic conviction relief if they meet all of the following:
   
   1. The person is not required to register as a sex offender;
      
   2. The person does not have an active record for local, state, or federal supervision in the Supervised Release File;
      
   3. Based upon the information available in DOJ’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges; and,
      
   4. The conviction meets either of the following criteria:
      
      1. The conviction occurred on or after January 1, 1973, and meets either one of the following criteria:
         
         1. The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in DOJ’s records, appears to have completed their term of probation without revocation; or,
            
         2. The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in DOJ’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment; or,
            
      2. The conviction occurred on or after January 1, 1973 and the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the DOJ’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This does not apply to a conviction of a serious or violent felony, or a felony offense

requiring sex offender registration. (Pen. Code § 1203.425, subd. (a)(1)(B).)

1. Requires, except as specified, DOJ to grant relief, including dismissal of a conviction, to identified persons without requiring a petition or motion for that relief if relevant information is present in DOJ’s electronic records. (Pen. Code, § 1203.425, subd. (a)(2)(A).)
   
2. Provides, however, that the prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief, file a petition to prohibit DOJ from granting automatic record conviction relief, based on a showing that granting that relief would pose a substantial threat to the public safety. (Pen. Code, § 1203.425, subd. (b)(1).)
   
3. Requires the state summary criminal history information for a person who has been granted this relief to include, directly next to or below the entry or entries regarding the person’s criminal record, a note stating “relief granted,” listing the date that DOJ granted, the relief, and the section authorizing relief. This note must be included in all statewide criminal databases with a record of the conviction. (Pen. Code, § 1203.425, subd. (a)(2)(B).)
   
4. Requires, commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, DOJ to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases in which a complaint was filed and automatic conviction relief was granted. (Pen. Code, § 1203.425, subd. (a)(3)(A).)
   
5. Prohibits, commencing January 1, 2023, the court from disclosing information, for certain records obtained by the court, concerning a conviction granted relief pursuant to specified expungement provisions, including automatic record conviction relief, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Pen. Code, § 1203.425, subd. (a)(3)(A).)

This bill:

1. Provides that for the purposes of determining whether there are pending criminal charges, DOJ must conclude that there is no indication of pending criminal charges if at least three years have elapsed with no new activity related to that record.
   
2. Requires local summary criminal history information provided by the court to any recipient to include notes for entries granted relief indicating that relief has been granted pursuant to this provision and listing the date the court received notice from DOJ. Requires this note be included in all local criminal databases maintained by the court.
   
3. Requires that upon the request of an individual granted automatic conviction record relief, the court must furnish them with a certificate of disposition confirming the court received notification and complied with a grant of relief under this provision.

Background

Automatic Conviction Record Relief. In 2019, the Legislature passed AB 1076 (Ting), Chapter 578, Statutes of 2019 which established a procedure in which persons could have certain convictions dismissed and have such information withheld from disclosure without having to file a petition with the court. (Pen. Code, § 1203.425.) The purpose of AB 1076 was to remove barriers to housing and employment for convicted and arrested individuals in order to foster their successful reintegration into the community.

AB 200 (Committee on Budget, Chapter 58, Statutes of 2022), delayed the implementation date of AB 1076 related to prohibiting dissemination of criminal records for which relief was granted to January 1, 2023. SB 731 (Durazo), Chapter 814, Statutes of 2022, expanded automatic conviction record relief to include additional felonies and delayed the effective date to July 1, 2023. AB 567 (Ting), Chapter 444, Statutes of 2023, expanded automatic conviction record relief to include misdemeanor convictions where the sentence has been successfully completed following revocation of probation and delayed implementation to July 1, 2024.

AB 134 (Comm. on Budget, Chapter 47, Statutes of 2023) , delayed implementation to July 1, 2024. AB 168 (Comm. on Budget), Chapter 49, Statutes of 2024, delayed the implementation of automatic conviction record relief to October 1, 2024, and extended relief to eligible individuals with convictions on or after January 1, 1973.

As relevant here, under current law, one eligibility requirement for automatic conviction record relief is that, based upon information available in the DOJ record, there is no indication of pending criminal charges. (Pen. Code, § 1203.425, subd. (a)(1)(B)(iii).) The current law, however, provides no guidance on how DOJ should proceed on older records lacking disposition data. This bill specifies that in determining whether there is a pending criminal charge, DOJ must conclude there is no indication of pending criminal charges if at least three years have elapsed with no new activity related to that record.

Additionally, under current law as commenced July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, DOJ is required to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases in which a complaint was filed in that jurisdiction and in which relief was granted pursuant to this provision. Commencing on January 1, 2023, for certain records retained by the court, the court is prohibited from disclosing information about a conviction granted automatic record conviction relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Pen. Code, § 1203.425, subd. (a)(3).)

This bill requires local summary criminal history information provided by the court to any recipient to include notes indicating if automatic conviction record relief was granted and listing the date that the court received notice from DOJ. This bill requires this note to be included in all local criminal databases maintained by the court. This bill also requires that upon the request of an individual granted relief, the court must furnish a certificate of disposition confirming the court’s receipt of notification that relief was granted and the court’s compliance with that relief under this provision. This provides individuals granted relief a reliable way to prove it.

Related/Prior Legislation

SB 421 (Valladares), of the 2025-2026 Legislative Session, would make a nonsubstantive technical change to Penal Code section 1203.425 to conform with changes that bill makes.

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

According to the Senate Appropriations Committee:

• DOJ: Unknown, potentially significant costs to DOJ (General Fund), to determine whether records meet the requirements in this bill and report the information to the courts.
  
• Judicial Council: Unknown, potential cost pressures to the state funded trial courts (General Fund, Trial Court Trust Fund) to and to update court records and to create and provide certifications as required by this bill.
  

SUPPORT: (Verified 05/23/25)

Californians for Safety and Justice (Source)

A New Way of Life Re-entry Project

ACLU California Action

California Attorneys for Criminal Justice

California Civil Liberties Advocacy

California Coalition for Women Prisoners

California Public Defenders Association

Californians United for a Responsible Budget

Communities United for Restorative Youth Justice

Community Legal Services in East Palo Alto

Courage California

Debt Free Justice California

East Bay Community Law Center

Initiate Justice

Initiate Justice Action

LA Defensa

Rubicon Programs

San Francisco Public Defender

OPPOSITION: (Verified 05/23/25)

None received

ARGUMENTS IN SUPPORT:

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

California made historic progress with AB 1076 (Chapter 578, Statutes of 2019) and SB 731 (Chapter 814, Statutes of 2022), expanding automatic record clearance for millions of Californians with eligible arrests and convictions. Implementation has revealed three critical barriers preventing some individuals from receiving or fully benefiting from this relief. SB 834 addresses these issues by: 1) Preventing outdated pending charges from blocking record clearance. 2) Requiring local court records to be updated to match state Department of Justice (DOJ) records. 3) Establishing a clear process for individuals to obtain written proof of relief….

Under AB 1076 and SB 731, individuals are eligible for automated record clearance if they meet certain criteria, including the absence of pending charges. Many old arrests lack complete disposition data in DOJ records and are labeled “pending.” These include:

• Arrests where charges were never filed.

• Cases dismissed in court.

• Cases resolved without proper reporting to DOJ

Because these charges appear as “pending,” individuals who would otherwise qualify for relief under AB 1076 and SB 731 are blocked from receiving it—even when no prosecution ever occurred.

Additionally, when relief is granted under AB 1076 and SB 731, the DOJ is required to update the person’s state criminal record (commonly known as a RAP sheet) to show that relief has been granted. However, there is no requirement for local courts to update their own records to reflect this relief. As a result, background checks that pull from local court databases—rather than directly from DOJ—may incorrectly show old convictions, even after they have been cleared at the state level.

Without a process to resolve old, incomplete pending charges, individuals remain ineligible for relief under AB 1076 and SB 731—even when the legal system itself abandoned the charge years ago.

At the same time, individuals who do receive relief under AB 1076 and SB 731 may have no reliable way to prove it because local records are outdated and there is no simple, court-issued proof of relief available for them to request.

SB 834 makes three critical fixes to strengthen California’s record clearance process: 1) Ending the use of pending charges older than 3 years—if the DOJ has received no new information— that block eligibility for record clearance. 2) Requiring local courts to update their records to match state DOJ records when relief is granted. 3) Allowing individuals to request a certificate of disposition from the court….

Prepared by: Cheryl Anderson / PUB. S. /

5/26/25 13:55:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 834 (Durazo) - Criminal records: relief

Bill Summary:

SB 834 requires local court records to be updated to match state Department of Justice (DOJ) records relating to arrests and convictions.

Fiscal Impact:

• DOJ: Unknown, potentially significant costs to DOJ (General Fund), to determine whether records meet the requirements in this bill and report the information to the courts.
  
• Judicial Council: Unknown, potential cost pressures to the state funded trial courts (General Fund, Trial Court Trust Fund) to and to update court records and to create and provide certifications as required by this bill.

Background:

In 2019, the Legislature authorized automatic record clearance for millions of Californians with eligible arrests and convictions. Implementation has revealed barriers preventing some individuals from receiving or fully benefiting from this relief. Under current law, one eligibility requirement for automatic conviction record relief is that, based upon information available in the DOJ record, there is no indication of pending criminal charges. The current law, however, provides no guidance on how DOJ should proceed on older records lacking disposition data.

Also, DOJ is required to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases in which a complaint was filed in that jurisdiction and in which relief was granted pursuant to this provision. Commencing on January 1, 2023, for certain records retained by the court, the court is prohibited from disclosing information about a conviction granted automatic record conviction relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. However, there is no requirement for local courts to update their own records to reflect this relief. As a result, background checks that pull from local court databases—rather than directly from DOJ—may incorrectly show old convictions, even after they have been cleared at the state level.

Proposed Law:

This bill:

• Specifies that in determining whether there is a pending criminal charge, DOJ must conclude there is no indication of pending criminal charges if at least three years have elapsed with no new activity related to that record.
• Requires local summary criminal history information provided by the court to any recipient to include notes indicating if automatic conviction record relief was granted and listing the date that the court received notice from DOJ. This note to be included in all local criminal databases maintained by the court.
• Requires that upon the request of an individual granted relief, the court must furnish a certificate of disposition confirming the court’s receipt of notification that relief was granted and the court’s compliance with that relief under this provision. This provides individuals granted relief a reliable way to prove it.

Related Legislation:

• AB 1076 (Ting), Chapter 578, Statutes of 2019, established a procedure by which persons could have certain convictions dismissed and have such information withheld from disclosure without having to file a petition with the court.
• AB 200 (Committee on Budget), Chapter 58, Statutes of 2022, delayed the implementation date of AB 1076 related to prohibiting dissemination of criminal records for which relief was granted to January 1, 2023.
• SB 731 (Durazo), Chapter 814, Statutes of 2022, expanded automatic conviction record relief to include additional felonies and delayed the effective date to July 1, 2023.
• AB 567 (Ting), Chapter 444, Statutes of 2023, expanded automatic conviction record relief to include misdemeanor convictions where the sentence has been successfully completed following revocation of probation and delayed implementation to July 1, 2024.
• AB 134 (Comm. on Budget), Chapter 47, Statutes of 2023, delayed implementation of automatic conviction record relief to July 1, 2024.
• AB 168 (Comm. on Budget), Chapter 49, Statutes of 2024, delayed the implementation of automatic conviction record relief to October 1, 2024, and extended relief to eligible individuals with convictions on or after January 1, 1973.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: SB 834 Hearing Date: April 22, 2025

Subject: Criminal records: relief

HISTORY

Source: Californians for Safety and Justice

Prior Legislation: SB 763 (Durazo), 2023-2024, failed in Senate Appropriations

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

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

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

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

AB 200 (Comm. on Budget), Ch. 58, Stats. 2022
AB 1038 (Ting), 2021-2022, not heard in Senate Public Safety

AB 145 (Comm. on Budget), Ch. Stats. 2021

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

SB 88 (Comm. on Budget), 2019-2020, failed in Senate, inactive

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

Support: A New Way of Life Re-entry Project; ACLU California Action; California Civil Liberties Advocacy; California Coalition for Women Prisoners; California Public Defenders Association; Californians United for a Responsible Budget; Communities United for Restorative Youth Justice; Community Legal Services in East Palo Alto; Courage California; Debt Free Justice California; East Bay Community Law Center; Initiate Justice; Initiate Justice Action; LA Defensa; Rubicon Programs; San Francisco Public Defender

Opposition: None known

PURPOSE

The purpose of this bill is to prevent outdated pending criminal charges from blocking automatic conviction record relief, require local court records to be updated to match state Department of Justice (DOJ) records, and establish a clear process for individuals to provide written proof of relief.

Existing law requires, commencing October 1, 2024 and subject to an appropriation in the annual Budget Act, the DOJ to review the records in the statewide criminal justice databases on a monthly basis, and based on information in the state criminal history repository and the Supervised Release File, identify persons with convictions that meet the specified criteria and are eligible for automatic conviction record relief. (Pen. Code, § 1203.425, subd. (a)(1)(A).)

Existing law provides that a person is eligible for automatic conviction relief if they meet all of the following:

• The person is not required to register as a sex offender;
  
• The person does not have an active record for local, state, or federal supervision in the Supervised Release File;
  
• Based upon the information available in DOJ’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges; and,
  
• The conviction meets either of the following criteria:
  
  • The conviction occurred on or after January 1, 1973, and meets either one of the following criteria:
    
    • The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in DOJ’s records, appears to have completed their term of probation without revocation; or,
      
    • The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in DOJ’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment; or,
      
  • The conviction occurred on or after January 1, 1973 and the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the DOJ’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This does not apply to a conviction of a serious or violent felony, or a felony offense requiring sex offender registration. (Pen. Code § 1203.425, subd. (a)(1)(B).)

This bill provides that for the purposes of determining whether there are pending criminal charges, DOJ must conclude that there is no indication of pending criminal charges if at least three years have elapsed with no new activity related to that record.

Existing law requires, except as specified, DOJ to grant relief, including dismissal of a conviction, to identified persons without requiring a petition or motion for that relief if relevant information is present in DOJ’s electronic records. (Pen. Code, § 1203.425, subd. (a)(2)(A).)

Existing law provides, however, that the prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief, file a petition to prohibit DOJ from granting automatic record conviction relief, based on a showing that granting that relief would pose a substantial threat to the public safety. (Pen. Code, § 1203.425, subd. (b)(1).)

Existing law requires the state summary criminal history information for a person who has been granted this relief to include, directly next to or below the entry or entries regarding the person’s criminal record, a note stating “relief granted,” listing the date that DOJ granted, the relief, and the section authorizing relief. This note must be included in all statewide criminal databases with a record of the conviction. (Pen. Code, § 1203.425, subd. (a)(2)(B).)

Existing law requires, commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, DOJ to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases in which a complaint was filed and automatic conviction relief was granted. (Pen. Code, § 1203.425, subd. (a)(3)(A).)

Existing law prohibits, commencing January 1, 2023, the court from disclosing information, for certain records obtained by the court, concerning a conviction granted relief pursuant to specified expungement provisions, including automatic record conviction relief, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Pen. Code, § 1203.425, subd. (a)(3)(A).)

This bill requires local summary criminal history information provided by the court to any recipient to include notes for entries granted relief indicating that relief has been granted pursuant to this provision and listing the date the court received notice from DOJ. Requires this note be included in all local criminal databases maintained by the court.

This bill requires that upon the request of an individual granted automatic conviction record relief, the court must furnish them with a certificate of disposition confirming the court received notification and complied with a grant of relief under this provision.

COMMENTS

1. Need for This Bill

According to the author:

California made historic progress with AB 1076 (2019) and SB 731 (2022), expanding automatic record clearance for millions of residents with eligible arrests and convictions. These reforms were designed to remove barriers to employment, housing, and opportunity. But gaps in implementation have left too many people behind — people who by law should already be moving forward.

For example, if an individual was arrested years ago but never charged, their record might still show as “pending” because no final outcome was reported to the Department of Justice (DOJ). Even though the legal system abandoned the case long ago, this unresolved label blocks them from the automatic relief they are entitled to.

Even for individuals who do receive relief, outdated local court records create ongoing harm. If a background check pulls from these local records — as many do — an old conviction may still appear, causing someone to lose out on a job, housing, or loan.

And when a person tries to correct the record, there’s no straightforward way to prove their case: no court-issued certificate to confirm that their record has been cleared.

SB 834 addresses all three barriers by ensuring outdated pending charges don’t block relief, requiring local courts to update their records to match state DOJ records, and creating a clear process for individuals to obtain written proof of their cleared record.

1. Automatic Conviction Record Relief

In 2019, the Legislature passed AB 1076 (Ting), Chapter 578, Statutes of 2019 which established a procedure in which persons could have certain convictions dismissed and have such information withheld from disclosure without having to file a petition with the court. (Pen. Code, § 1203.425.) The purpose of AB 1076 was to remove barriers to housing and employment for convicted and arrested individuals in order to foster their successful reintegration into the community.

AB 200 (Committee on Budget), Chapter 58, Statutes of 2022, delayed the implementation date of AB 1076 related to prohibiting dissemination of criminal records for which relief was granted to January 1, 2023. SB 731 (Durazo), Chapter 814, Statutes of 2022, expanded automatic conviction record relief to include additional felonies and delayed the effective date to July 1, 2023. AB 567 (Ting), Chapter 444, Statutes of 2023, expanded automatic conviction record relief to include misdemeanor convictions where the sentence has been successfully completed following revocation of probation and delayed implementation to July 1, 2024.

AB 134 (Comm. on Budget), Chapter 47, Statutes of 2023, delayed implementation to July 1, 2024. AB 168 (Comm. on Budget), Chapter 49, Statutes of 2024, delayed the implementation of automatic conviction record relief to October 1, 2024, and extended relief to eligible individuals with convictions on or after January 1, 1973.

As relevant here, under current law, one eligibility requirement for automatic conviction record relief is that, based upon information available in the DOJ record, there is no indication of pending criminal charges. (Pen. Code, § 1203.425, subd. (a)(1)(B)(iii).) The current law, however, provides no guidance on how DOJ should proceed on older records lacking disposition data. This bill specifies that in determining whether there is a pending criminal charge, DOJ must conclude there is no indication of pending criminal charges if at least three years have elapsed with no new activity related to that record.

Additionally, under current law as commenced July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, DOJ is required to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases in which a complaint was filed in that jurisdiction and in which relief was granted pursuant to this provision. Commencing on January 1, 2023, for certain records retained by the court, the court is prohibited from disclosing information about a conviction granted automatic record conviction relief to any person or entity, in any format, except to the person whose conviction

was granted relief or a criminal justice agency. (Pen. Code, § 1203.425, subd. (a)(3).) This bill requires local summary criminal history information provided by the court to any recipient to include notes indicating if automatic conviction record relief was granted and listing the date that the court received notice from DOJ. The bill requires this note to be included in all local criminal databases maintained by the court.

This bill requires that upon the request of an individual granted relief, the court must furnish a certificate of disposition confirming the court’s receipt of notification that relief was granted and the court’s compliance with that relief under this provision. This provides individuals granted relief a reliable way to prove it.

1. Related Legislation

SB 421 (Valladares), of the 2025-2026 Legislative Session, would make a nonsubstantive technical change to Penal Code section 1203.425 to conform with changes that bill makes.

1. Argument in Support

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

California made historic progress with AB 1076 (Chapter 578, Statutes of 2019) and SB 731 (Chapter 814, Statutes of 2022), expanding automatic record clearance for millions of Californians with eligible arrests and convictions. Implementation has revealed three critical barriers preventing some individuals from receiving or fully benefiting from this relief. SB 834 addresses these issues by: 1) Preventing outdated pending charges from blocking record clearance. 2) Requiring local court records to be updated to match state Department of Justice (DOJ) records. 3) Establishing a clear process for individuals to obtain written proof of relief….

Under AB 1076 and SB 731, individuals are eligible for automated record clearance if they meet certain criteria, including the absence of pending charges. Many old arrests lack complete disposition data in DOJ records and are labeled “pending.” These include:

• Arrests where charges were never filed.

• Cases dismissed in court.

• Cases resolved without proper reporting to DOJ

Because these charges appear as “pending,” individuals who would otherwise qualify for relief under AB 1076 and SB 731 are blocked from receiving it—even when no prosecution ever occurred.

Additionally, when relief is granted under AB 1076 and SB 731, the DOJ is required to update the person’s state criminal record (commonly known as a RAP sheet) to show that relief has been granted. However, there is no requirement for local courts to update their own records to reflect this relief. As a result, background checks that pull from local court databases—rather than directly from DOJ—may incorrectly show old convictions, even after they have been cleared at the state level.

Without a process to resolve old, incomplete pending charges, individuals remain ineligible for relief under AB 1076 and SB 731—even when the legal system itself abandoned the charge years ago.

At the same time, individuals who do receive relief under AB 1076 and SB 731 may have no reliable way to prove it because local records are outdated and there is no simple, court-issued proof of relief available for them to request.

SB 834 makes three critical fixes to strengthen California’s record clearance process: 1) Ending the use of pending charges older than 3 years—if the DOJ has received no new information— that block eligibility for record clearance. 2) Requiring local courts to update their records to match state DOJ records when relief is granted. 3) Allowing individuals to request a certificate of disposition from the court….

-- END –