New Legislation Aims to Seal Old Criminal Records for 8 Million Californians

A state lawmaker wants to make it easier for people who have been arrested or convicted of a crime and subsequently turned their lives around to seal their legal records.

At issue is whether the 8 million Californians who have served their time, or been arrested, but not charged, should be able to do fundamental things like get jobs, volunteer at their kids’ schools or secure housing. Many of those opportunities are off limits to people with criminal records, even if their convictions have technically been expunged.

The bill, by Los Angeles state Sen. Maria Elena Durazo, calls for all arrest records that don’t result in a conviction to be sealed so they are not publicly accessible. It would also allow records to be sealed for people convicted of felonies who have subsequently finished their prison or jail time and parole or probation, and stayed out of trouble for two years. The measure would exclude sex offenders.

“Coming out of the labor movement, to me, the key is a good job. It’s the way to build a better life. It’s a way to protect and support our loved ones,” said Durazo, a Democrat, noting that current law requires the state to keep someone’s record on file for 100 years.

“These men and women have completed the sentence they were given. Many of them took classes, enrolled in counseling while they were incarcerated. They pursued rehabilitation work to be ready for their reentry after their release. Instead of being able to put their new skills to use, they are hit with hundreds, if not thousands of restrictions and limitations that keep them from building a new life,” she said.

Durazo ticked off the restrictions: In addition to being barred from many jobs and professional licenses, people with criminal records can be denied rental housing or membership in homeowners’ associations. They can also be prevented from coaching youth sports and blocked from receiving everything from financial aid and other educational opportunities to food stamps and passports.

“All we do is drive those people to the margins of our society,” she said. “I say, when an individual has taken responsibility for their actions completely, California should provide them tools to turn the page and give them the new opportunities.”

Supporters of the bill note that some 57% of working-age Black Californians have criminal records, and estimate that the barriers facing them and millions of other adults are costing California $20 million a year in lost economic benefits.

Although the legislation may face some pushback, prosecutors appear open to the discussion.

Larry Morse, legislative director for the California District Attorneys Association, said Durazo’s measure was clearly written carefully, with law enforcement concerns in mind.

Morse said the association, which represents 3,500 elected and line prosecutors around California, hasn’t yet taken an official position on the measure, but is open to the idea that an arrest or conviction shouldn’t be a “mark of Cain” for someone’s entire life.