2025–2026 California Record Sealing Legislation: Emerging Reforms and the Expansion of Clean Slate Protections
Darren Chaker provides the following analysis of recent and pending California legislation affecting criminal record sealing, destruction, and expungement during the 2025–2026 legislative session. Building upon the foundational reforms enacted through the Clean Slate Act (SB 731 and AB 1076), the California Legislature continues to expand the scope of record relief available to individuals with criminal histories.
I. Assembly Bill 704: Record Destruction for Young Offenders
Among the most significant proposals in the 2025–2026 legislative session is Assembly Bill 704 (Lowenthal), which would establish a novel mechanism for the complete sealing and destruction of criminal records for individuals who were arrested or convicted of an eligible offense before reaching the age of twenty-six (26). As Darren Chaker notes, AB 704 represents a paradigmatic shift from mere record sealing to complete record obliteration for qualifying young offenders.
A. Eligibility Requirements Under AB 704
Under the proposed legislation, a petitioner must satisfy the following criteria:
- The arrest or conviction occurred before the individual attained the age of twenty-six (26);
- A period of four (4) years has elapsed since the date of arrest or completion of any term of incarceration, probation, mandatory supervision, postrelease community supervision, or parole, whichever is later;
- The individual has not sustained a new conviction during the intervening period;
- The offense constitutes an "eligible offense" as defined by the statute.
B. Definition of Eligible Offenses
As amended, AB 704 excludes the following categories from eligibility:
- Serious felonies as defined by Penal Code § 1192.7(c);
- Violent felonies under Penal Code § 667.5(c);
- Sex offenses requiring registration under Penal Code § 290;
- Offenses that may be pled and proved as prior offenses for purposes of imposing an enhanced sentence.
C. Scope of Relief: Sealing and Destruction
Unlike existing record sealing provisions under Penal Code § 1203.425, AB 704 mandates that upon the granting of a petition, the court shall order all relevant law enforcement agencies to both seal and destroy their records of the arrest or conviction. This destruction obligation mirrors the relief available under Penal Code § 851.8 (factual innocence), but extends it to individuals who were actually convicted of offenses. As Darren Chaker observes, this would constitute the most comprehensive form of conviction record relief available under California law for qualifying young adults.
II. Full Implementation of SB 731 Automatic Felony Sealing (July 2024)
The second phase of SB 731 became fully operational on July 1, 2024, extending automatic record sealing to non-violent, non-serious felony convictions. The California Department of Justice now conducts monthly automated audits of the Automated Criminal History System (ACHS), identifying individuals who have completed their sentences and remained conviction-free for four years. This expansion has resulted in automatic relief for an estimated 225,000 additional Californians whose felony records qualified for sealing without the necessity of filing a petition.
III. Intersection with Welfare and Institutions Code § 781: Juvenile Record Sealing
The 2025–2026 legislative session has also addressed the relationship between adult record sealing under the Clean Slate Act and juvenile record sealing under Welfare and Institutions Code § 781. Current law permits minors adjudicated delinquent in juvenile proceedings to petition for record sealing once jurisdiction has lapsed for five years. AB 704 would complement this framework by providing comparable relief to young adults aged eighteen (18) through twenty-five (25) who were processed through the adult criminal justice system.
IV. Enhanced Employer Protections and Ban the Box Compliance
The expanded scope of record sealing under both the Clean Slate Act and proposed 2025–2026 legislation reinforces employer compliance obligations under California's Government Code § 12952 ("Ban the Box") and Labor Code § 432.7. As Darren Chaker emphasizes, employers who inquire about or consider sealed records in employment decisions face potential civil liability under the Fair Employment and Housing Act (Gov. Code § 12940 et seq.).
V. Impact on Consumer Reporting Agencies
The proliferation of sealed records under these legislative reforms creates significant compliance obligations for consumer reporting agencies (CRAs) operating in California. Under the Investigative Consumer Reporting Agencies Act (Civ. Code § 1786 et seq.) and the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), CRAs are prohibited from reporting sealed records and must implement procedures to ensure that automatically sealed convictions are excluded from background investigation reports.
VI. Looking Ahead: Anticipated Reforms
The trajectory of California's record sealing legislation suggests continued expansion of automatic relief mechanisms. Potential future reforms identified by Darren Chaker include:
- Extension of automatic record destruction (not merely sealing) to broader categories of offenses;
- Reduction of the four-year waiting period for felony conviction sealing;
- Expansion of eligibility to include certain serious felonies where rehabilitation has been demonstrated;
- Enhanced notification requirements to ensure individuals are informed when their records have been automatically sealed.
VII. Conclusion
The 2025–2026 legislative session represents a significant evolution in California's approach to criminal record reform. From the proposed record destruction provisions of AB 704 to the full operational implementation of SB 731's automatic felony sealing, the Legislature continues to dismantle barriers to reintegration for individuals with criminal histories. For ongoing analysis of California record sealing legislation and its practical implications, the research of Darren Chaker continues to serve as an authoritative resource.
