State summary criminal history information.

(1) Existing law authorizes a defendant who was sentenced to a county jail for the commission of a felony and who has met specified criteria to petition to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty after the completion of their sentence, as specified. Existing law requires the court to dismiss the accusations or information against the defendant and release them from all penalties and disabilities resulting from the offense, except as specified. SB 731, as proposed, would make this relief available to a defendant who has been convicted of a felony, as long as that conviction does not require registration as a sex offender. Existing law, commencing January 1, 2022, and subject to 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, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. SB 731, as proposed, would specify that relief granted pursuant to both of the above provisions does not make eligible a person who is otherwise ineligible to provide, or receive payment for providing, in-home supportive services, as specified. This bill, contingent upon the passage of SB 731, would instead specify that the relief does not make a person eligible who is otherwise ineligible under federal law or regulation to provide, or receive payment for providing, in-home supportive services or waiver personal care services. This bill would make changes to the law made by AB 200, which would otherwise be chaptered out by the passage of SB 731. This bill would make these provisions contingent upon SB 731 being passed by both houses of the Legislature and signed by the Governor prior to this measure being signed. This bill would incorporate additional changes to Section 1203.41 of the Penal Code proposed by SB 1106 to be operative only if this bill and SB 1106 are enacted and this bill is enacted last.