California Clean Slate Law: Automatic Record Relief (2026)

Is it operating yet?

Operating. The DOJ began clearing eligible records monthly in 2022; according to a California Law Revision Commission staff memo citing the DOJ, more than 6.8 million people received automatic relief in the first two years (nearly 12 million records, 2.84 million of them convictions). The DOJ says it evaluates millions of records each month back to January 1, 1973, that relief is granted only if the needed information is in its electronic records, and that it does not notify individuals (only courts). The DOJ's FAQ page is dated 'current as of December 2, 2024.' Official sources reviewed do not separately report how many felony convictions have received relief under the SB 731 track since October 1, 2024.

Sources: California Law Revision Commission, Committee on Revision of the Penal Code, Staff Memorandum 2026-01 (Apr. 10, 2026) (B. Automatic Record Relief (p. 12)); California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: I do not see a notation of automatic record relief, but think I am eligible; Overview; FAQ: How do I find out if my criminal history record ... has received automatic record relief?; Introduction; +1 more)

The law

AB 1076 added §§ 851.93 and 1203.425 effective January 1, 2020; automatic processing became operative July 1, 2022, first for records back to January 1, 2021, and AB 145 (2021) extended the lookback to January 1, 1973. SB 731 (2022) added a felony conviction track and broader arrest relief; its automatic provisions were delayed by budget trailer bills (AB 134 of 2023 to July 1, 2024; AB 168 of 2024 to October 1, 2024). The DOJ states that SB 731 and AB 567 took effect October 1, 2024. Conviction relief remains 'subject to an appropriation in the annual Budget Act.'

Sources: Judicial Council Invitation to Comment SPR23-14, Criminal Procedure: Record Cleaning Forms (Background); California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (Legislative Background); Judicial Council of California, 2023 Summary of Court-Related Legislation (AB 134 (Committee on Budget), ch. 47); Judicial Council of California, 2024 Summary of Court-Related Legislation (AB 168 (Committee on Budget), ch. 49, Public Safety); Senate Committee on Public Safety, analysis of SB 1342 (Durazo), hearing Apr. 7, 2026 (restates existing law) (p. 3, existing law (Pen. Code § 1203.425(a)(1)(A)))

What automatic record relief does

Each month the DOJ identifies eligible records and, without any petition, adds a 'relief granted' (convictions) or 'arrest relief granted' (arrests) notation to the state criminal history. By statute, conviction relief includes dismissal of the conviction and releases the person from most penalties and disabilities; an arrest granted relief is deemed not to have occurred. The DOJ then withholds the record from most fingerprint-based employment and licensing checks and notifies the courts, which must stop disclosing it except to the person and criminal justice agencies. The record is not deleted, and the DOJ describes the notation as not a dismissal, sealing, or expungement of its own record.

Sources: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (Overview); Senate Committee on Public Safety, analysis of SB 1342 (Durazo), hearing Apr. 7, 2026 (restates existing law) (p. 3, existing law (Pen. Code § 1203.425(a)(1)(A)); p. 4, existing law (§ 1203.425(a)(2)(A)); p. 7, comment 3; p. 5, existing law (§ 1203.425(a)(3)(A)); +2 more); Judicial Council Invitation to Comment SPR23-14, Criminal Procedure: Record Cleaning Forms (Background)

Records covered and waiting periods

How to check whether your record was cleared

• Request your own DOJ criminal history (Record Review) with Live Scan fingerprints; the DOJ fee is $25 and a fee waiver may be available. The DOJ does not notify individuals when relief is granted.

  Sources: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: How do I find out if my criminal history record ... has received automatic record relief?); California DOJ, Criminal Records - Request Your Own (Overview)

• AB 567 (2023) requires the DOJ, on request, to provide confirmation that specified criminal record relief was granted.

  Source: Judicial Council of California, 2023 Summary of Court-Related Legislation (AB 567 (Ting), ch. 444, Criminal records: relief)

• If your record looks wrong or relief seems missing, you can file the DOJ's Claim of Alleged Inaccuracy or Incompleteness (BCIA 8706), which comes with your record.

  Source: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: I do not see a notation of automatic record relief, but think I am eligible)

• To check whether the court's own records were updated, contact the county superior court.

  Source: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: How do I find out if my criminal history record maintained by the court has been updated?)

• The California Courts self-help guide says a RAP sheet can show whether a conviction was already dismissed, but getting one is not required before filing a petition.

  Source: California Courts Self-Help Guide, Record cleaning: Misdemeanors (Things to consider if you qualify)

Who can still see a cleared record

• Criminal justice agencies (law enforcement, courts, prosecutors) can still access and use records granted relief.

  Source: Senate Committee on Public Safety, analysis of SB 1342 (Durazo), hearing Apr. 7, 2026 (restates existing law) (p. 7, comment 3; p. 7, comment 2; p. 5, existing law (§ 1203.425(a)(3)(A)))

• Employers and agencies authorized to run DOJ fingerprint checks under Penal Code § 11105(k)-(p) may still receive some relieved records, e.g., arrests for peace officer hiring and convictions for agencies performing an education function.

  Source: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (Overview; FAQ: what will prospective employers be able to see)

• Conviction relief must still be disclosed on applications to become a peace officer or for public office, and the conviction can be used as a prior in later prosecutions.

  Source: Senate Committee on Public Safety, analysis of SB 1342 (Durazo), hearing Apr. 7, 2026 (restates existing law) (p. 7, comment 3)

• Relief does not restore firearm rights, does not lift unexpired criminal protective orders, and (for arrests) does not stop prosecution within the statute of limitations.

  Source: Senate Committee on Public Safety, analysis of SB 1342 (Durazo), hearing Apr. 7, 2026 (restates existing law) (p. 7, comment 2; p. 7, comment 3)

• Commercial background check companies do not access DOJ records; courts notified of relief should not disclose the case to them.

  Source: California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: what will prospective employers be able to see; Overview)

If automatic relief does not cover your record

If automatic relief does not apply (or to get added benefits such as a § 17(b) felony reduction), file a Petition for Dismissal (form CR-180) with the court where you were convicted, with proposed order CR-181, under §§ 1203.4, 1203.4a, 1203.41 or 1203.42; arrests can be sealed by petition under § 851.91 (form CR-409). The DOJ notes that dismissal, sealing, reduction, or resentencing beyond automatic relief requires a petition to the court or arresting agency.

Sources: Judicial Council form CR-180, Petition for Dismissal (Rev. Jan. 1, 2024) (Note to petitioner (page 1); Caption); Judicial Council form CR-181, Order for Dismissal (Rev. Jan. 1, 2024) (Item 3); California DOJ, Automatic Record Relief - Penal Code sections 851.93 and 1203.425 (FAQ: Do I have to file a petition or application with the court to get automatic record relief?); California Courts Self-Help Guide, Record cleaning: arrest with no conviction (Who qualifies and what can be sealed)

Californiaexpungement and sealing guide — every route by record type →

Frequently Asked Questions