California AB 1076 & SB 731 Automatic Expungement Attorneys

Reviewed: May 15, 2026

AB 1076 (effective January 2023) and SB 731 (effective July 2023) together created the broadest automatic criminal record relief system in California history. The California DOJ proactively reviews criminal records and submits eligible convictions to courts for automatic dismissal or sealing — without any petition from the individual. These laws significantly expanded beyond the probation-completed cases covered by PC 1203.4.

At a glance

✓ AB 1076 automates PC 1203.4 dismissals starting January 2023 — no petition needed
✓ SB 731 seals felony convictions (including prison cases) after 4 crime-free years
✓ Both laws implemented by the DOJ — check your DOJ record to see current status
✓ Serious/violent felonies and sex offenses requiring registration are excluded
✓ Private employers and landlords cannot access sealed SB 731 records

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

AB 1076: Automatic PC 1203.4 dismissals

AB 1076 requires the DOJ to annually identify cases eligible for PC 1203.4 dismissal and electronically submit them to courts for automatic processing. The court enters dismissal orders for all eligible cases identified by the DOJ — individuals do not need to file a petition. The DOJ began implementing this system in 2023.

To qualify for AB 1076 automatic relief, the case must meet all PC 1203.4 eligibility requirements: completed probation, no subsequent convictions, not a disqualified offense. The DOJ reviews records annually, so recent completions may take time to be processed.

SB 731: Automatic sealing of felony convictions

SB 731 expanded relief to cases NOT covered by PC 1203.4 — primarily felony convictions where the person served state prison time. A felony conviction that did not require registration and where the person has been free from conviction for 4 years after discharge is eligible for automatic sealing.

Sealed SB 731 records are treated as if they never occurred for most purposes. The sealing is visible to law enforcement but not to employers or landlords. Serious and violent felonies under PC 667.5(c) and PC 1192.7(c), and sex offenses requiring registration, are not eligible.

What to do if automatic relief hasn't happened

The DOJ implements automatic relief in batches. If your case should have been covered but has not been processed, you may still petition under PC 1203.4 (for probation cases) or under SB 731 (for sealed felony cases). A certificate of rehabilitation or gubernatorial pardon may be appropriate for some cases an attorney can evaluate.

Statutes cited

California Penal Code § 1203.425 (AB 1076 automatic dismissal) — Cal. Pen. Code § 1203.425
California Penal Code § 1203.97 (SB 731 automatic sealing — felonies) — Cal. Pen. Code § 1203.97

Frequently asked questions

How do I know if my record was automatically expunged?

Request a personal criminal history report from the California DOJ (form BCIA 8705). The record should reflect the dismissal or sealing if it has been processed.

What is the difference between AB 1076 and SB 731?

AB 1076 automates the existing PC 1203.4 dismissal for probation-completed cases. SB 731 creates new automatic sealing for felony convictions — including state prison cases — where the person has been crime-free for 4 years. Both happen automatically without a petition.

Does automatic relief cover all convictions?

No. Serious and violent felonies under PC 667.5(c) and PC 1192.7(c), sex offenses requiring registration, and certain other categories are excluded.

If my record is sealed under SB 731, can I tell employers I have no conviction?

Yes, for private-sector employment. The sealed record cannot be used for employment or housing decisions. Government jobs, law enforcement, and certain licensed professions still have access to sealed records.

Find an expungement attorney in California

Browse verified attorneys in California who handle ab 1076 / sb 731 automatic relief cases. Every listing is built from California State Bar public records.

See all California expungement attorneys →