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 |Add To My Favorites |Track Bill | Version: 03/26/25 - Amended Senate
 02/21/25 - Introduced

 SB-834 Criminal records: relief.(2025-2026)

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 Date Published: 03/26/2025 09:00 PM

SB834:v98#DOCUMENTBill Start

 Amended
 IN 
 Senate
 March 26, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 834

Introduced by Senator Durazo

February 21, 2025

 An act to amend Section 1203.425 of the Penal Code, relating to criminal records. 

LEGISLATIVE COUNSEL'S DIGEST

SB 834, as amended, Durazo.
 Criminal records: relief.

Existing law, subject to an appropriation, 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. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice’s record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges.

This bill would require, in determining whether there is a pending criminal charge based on the department’s records, the department to conclude that there is no indication of
 pending criminal charges if at least 3 years have elapsed with no new activity related to that record.

Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency.

This bill would require local summary criminal history information provided by the court to any recipient to include notes for any entries for which relief has been granted
 indicating that relief has been granted pursuant to the above provisions and listing the date the court received notice from the department. The bill would require this note to be included in all local criminal databases maintained by the court.

This bill would also require a court, upon the request of the subject of a record granted relief, to furnish a certificate of disposition confirming the court’s receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions.

By placing additional duties on court staff, this bill would create a state-mandated local program.

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.

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 NOYES 
 Local Program:
 NOYES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1203.425 of the Penal Code is amended to read:

1203.425.

 (a) (1) (A) Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.