SB1342 - Criminal records: relief.

Amended IN Assembly August 21, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly June 16, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1342 Introduced by Senator Durazo (Principal coauthor: Assembly Member Lowenthal) (Coauthor: Senator Reyes) (Coauthor: Assembly Member Schultz) February 20, 2026 An act to amend, repeal, and add Sections 851.93 and 1203.425 of the Penal Code, relating to criminal records. LEGISLATIVE COUNSEL'S DIGEST SB 1342, 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 arrest record relief and automatic conviction record relief. Commencing on October 1, 2024, existing law makes arrest record relief available to an eligible person if the arrest occurred on or after January 1, 1973. Under existing law, a person is eligible for arrest record relief under these provisions if, among other things, the arrest was for a misdemeanor offense and the charge was dismissed. This bill, on and after October 1, 2029, additionally makes a person eligible for that relief if the arrest was for a felony offense, all charges arising from the arrest were dismissed, one year has elapsed since the date on which the most recent charge arising from the arrest was dismissed, and no charge arising from the arrest was refiled or is pending during that period. 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, on and after October 1, 2029, 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. The bill would require, in determining whether a person is currently serving a sentence for an offense, the department to conclude that the person is no longer serving a sentence if the department is unable to determine whether a sentence is complete and at least 7 years have passed since the date of conviction. 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, on and after October 1, 2029, expand the above-described prohibition to include other provisions that authorize relief from a conviction. By placing additional duties on court staff, this bill would create a state-mandated local program. This bill would, on and after October 1, 2029, also require a court, upon the request of the subject of a record granted relief, to furnish a register of action confirming the court’s receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 1395 to be operative only if this bill and SB 1395 are enacted and this bill is enacted last. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 851.93 of the Penal Code is amended to read: 851.93. (a) (1) 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, shall identify persons with records of arrest that meet the criteria set forth in paragraph (2) and are eligible for arrest record relief. (2) A person is eligible for relief pursuant to this section, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions: (A) The arrest was for a misdemeanor offense and the charge was dismissed. (B) The arrest was for a misdemeanor offense, there is no indication that criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges that arose, from that arrest. (C) (i) The arrest was for a felony offense not described in clause (ii), there is no indication that criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (ii) If the arrest was for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more, there is no indication that criminal proceedings have been initiated, at least six years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (D) The person successfully completed any of the following, relating to that arrest: (i) A prefiling diversion program, as defined in subdivision (d) of Section 851.87, administered by a prosecuting attorney in lieu of filing an accusatory pleading. (ii) A drug diversion program administered by a superior court pursuant to Section 1000.5, or a deferred entry of judgment program pursuant to Section 1000 or 1000.8. (iii) A pretrial diversion program, pursuant to Section 1000.4. (iv) A diversion program, pursuant to Section 1001.9. (v) A diversion program described in Chapter 2.8 (commencing with Section 1001.20), Chapter 2.8A (commencing with Section 1001.35), Chapter 2.81 (commencing with Section 1001.40), Chapter 2.9 (commencing with Section 1001.50), Chapter 2.9A (commencing with Section 1001.60), Chapter 2.9B (commencing with Section 1001.70), Chapter 2.9C (commencing with Section 1001.80), Chapter 2.9D (commencing with Section 1001.81), or Chapter 2.92 (commencing with Section 1001.85), of Title 6. (b) (1) The department shall grant relief to a person identified pursuant to subdivision (a), without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records. (2) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s arrest record, a note stating “arrest relief granted,” listing the date that the department granted relief, and this section. This note shall be included in all statewide criminal databases with a record of the arrest. (3) Except as otherwise provided in subdivision (d), an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest relief is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to that arrest accordingly. (c) On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on August 1, 2022, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in subdivision (d), the court shall not disclose information concerning an arrest that is granted relief pursuant to this section to any person or entity, in any format, except to the person whose arrest was granted relief or a criminal justice agency, as defined in Section 851.92. (d) Relief granted pursuant to this section is subject to all of the following conditions: (1) Arrest relief does not relieve a person of the obligation to disclose an arrest in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830. (2) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted. (3) This section does not limit the ability of a district attorney to prosecute, within the applicable statute of limitations, an offense for which arrest relief has been granted pursuant to this section. (4) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or susceptibility. (5) Relief granted pursuant to this section does not affect any prohibition from holding public office that would otherwise apply under law as a result of the arrest. (6) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections. (e) This section does not limit petitions, motions, or orders for arrest record relief, as required or authorized by any other law, including, but not limited to, Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9. (f) The department shall annually publish on the OpenJustice Web portal, as described under Section 13010, statistics for each county regarding the total number of arrests granted relief pursuant to this section and the percentage of arrests for which the state summary criminal history information does not include a disposition. (g) This section shall remain in effect only until October 1, 2029, and, as of January 1, 2030, is repealed. SEC. 2. Section 851.93 is added to the Penal Code, to read: 851.93. (a) (1) 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, shall identify persons with records of arrest that meet the criteria set forth in paragraph (2) and are eligible for arrest record relief. (2) A person is eligible for relief pursuant to this section, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions: (A) The arrest was for a misdemeanor offense and the charge was dismissed. (B) The arrest was for a felony offense, all charges arising from the arrest were dismissed, one year has elapsed since the date on which the most recent charge arising from the arrest was dismissed, and no charge arising from the arrest was refiled or is pending during that period. (C) The arrest was for a misdemeanor offense, there is no indication that criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges that arose, from that arrest. (D) (i) The arrest was for a felony offense not described in clause (ii), there is no indication that criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (ii) If the arrest was for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more, there is no indication that criminal proceedings have been initiated, at least six years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (E) The person successfully completed any of the following, relating to that arrest: (i) A prefiling diversion program, as defined in subdivision (d) of Section 851.87, administered by a prosecuting attorney in lieu of filing an accusatory pleading. (ii) A drug diversion program administered by a superior court pursuant to Section 1000.5, or a deferred entry of judgment program pursuant to Section 1000 or 1000.8. (iii) A pretrial diversion program, pursuant to Section 1000.4. (iv) A diversion program, pursuant to Section 1001.9. (v) A diversion program described in Chapter 2.8 (commencing with Section 1001.20), Chapter 2.8A (commencing with Section 1001.35), Chapter 2.81 (commencing with Section 1001.40), Chapter 2.9 (commencing with Section 1001.50), Chapter 2.9A (commencing with Section 1001.60), Chapter 2.9B (commencing with Section 1001.70), Chapter 2.9C (commencing with Section 1001.80), Chapter 2.9D (commencing with Section 1001.81), or Chapter 2.92 (commencing with Section 1001.85), of Title 6. (b) (1) The department shall grant relief to a person identified pursuant to subdivision (a), without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records. (2) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s arrest record, a note stating “arrest relief granted,” listing the date that the department granted relief, and this section. This note shall be included in all statewide criminal databases with a record of the arrest. (3) Except as otherwise provided in subdivision (d), an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest r [Text truncated for display. Full text available on Congress.gov.]