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California’s Clean Slate Act – AB 1076 – Expungements Without Petitions?

California has recently adopted legislation that claims to meaningfully address post-conviction relief. For those convicted of a criminal offense, having a criminal record can be an enduring punishment beyond the direct consequences of a conviction. California’s Clean Slate Act goes further than other post-conviction relief options to truly give those with a criminal record a fresh start.

Subject to budget constraints, the California Clean Slate Act provides automatic post-conviction relief to qualifying convictions.

You may qualify if:

  • You are not required to register as a sex offender,
  • You are not on supervision, probation, or parole,
  • You are not serving a sentence or pending charges
  • You were not sentenced to prison

Relief is supposed to be automatic. That is, you won’t have to file a petition or motion if the necessary information regarding qualification is available. Furthermore, there is no indication that the Clean Slate Act will be given funding by the legislature to carry out is stated goals.

In the meantime, you are not required to wait for the DOJ to review your record – if you need help clearing your record right away, or, if for whatever reason you don’t receive relief under this Act, contact the experienced criminal defense attorneys at Chastaine Jones to discuss your options.

Be aware that, as with other post-conviction relief, the Clean Slate Act is new and nuanced. You are responsible for knowing whether the Clean Slate Act applies to your specific case. If you have any questions about what post-conviction relief means for your gun rights, protective orders, or reporting requirements, contact the experienced criminal defense attorneys at Chastaine Jones.

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