California State Capitol. (Photo: Kevin Sanders for California Globe)
Governor Newsom Must Protect Vulnerable Millions and Veto SB 731
Lawmakers must strike an appropriate balance between the ability of convicted individuals to build a new life and the protection of the public
By Francie Koehler, September 2, 2022 2:50 am
The Governor must protect public safety by vetoing a bill to expand ability of convicted felons to expunge their records.
Senate Bill 731 prevents any business that conducts background investigations on its employees from accessing the critical information in most criminal records just four years after the offender completes their legal obligations. The bill places the public at risk by prohibiting citizens and businesses from checking the criminal histories of prospective candidates for employment, potential business partners, and mergers and acquisitions, beyond a four-year timeframe.
SB 731 prohibits banks, credit unions, mortgage brokers, broker-dealers, insurance companies, and app-based companies from meeting mandated background checks. It is feasible that employers may avoid hiring people who have California addresses in their background and may harm those previously living in California. In some cases, the look-back period must be at least ten years.
Furthermore, Governor Newsom must protect those domestic violence victims and many other Californians who deserve protection including the identification of those who have the potential to become active shooters and implement preventive safety measures to avoid loss of life. Businesses and non-profit agencies hiring individuals in financial positions will not be able to determine if the individual they are hiring has a conviction for financial fraud. There will be significant long-term consequences if Governor Newsom does not veto Senate Bill 731 by Sen. Maria Elena Durazo (D-Los Angeles) which will permanently seal access to criminal records to just four years.
SB 731 is also arbitrary and inconsistent. It provides several specific exemptions to allow the information to be used for:
- Education – teacher credentialing and employment.
- Firearms – authorization to own, possess or have a firearm.
- Peace Officers – applications for employment as a peace officer.
- Candidates – candidates for public office and state lottery contractors.
- In-Home Supportive Services – direct care services in a community care facility, foster family home, certified family home or resource family of a licensed foster family agency, childcare center and family childcare home, and a residential care facility.
- Law Enforcement – law enforcement agencies and prosecutors continue to have access to those individuals’ criminal records.
SB 731 recognizes the importance of this information in each of the above situations, but it prohibits the use of this information in many others where it is of vital importance to the protection of other members of our society including domestic violence or theft.
Several Democratic legislators displayed the courage to vote against SB 731 this summer including Senator Melissa Hurtado as well as Assembly Members Ken Cooley, Jim Cooper, Jacqui Irwin, Al Muratsuchi, Cottie Petrie-Norris, and Rudy Salas.
Governor Newsom must veto this bill so that the Legislature can revisit this important issue and strike an appropriate balance between the ability of convicted individuals to build a new life and the protection of the public.
- Governor Newsom Must Protect Vulnerable Millionsand Veto SB 731 - September 2, 2022
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Hi Francie, I hope you read this. I have been following SB 731 for a long time. From the time I was a young teenager until 21 years old I struggled with drug addiction which lead me to make poor decisions. It has been 7 years since I have been incarcerated. My life has completely changed. I have been sober 7 years, got full custody of my son, have straight As in college, and much more. SB 731 will give me an opportunity to put my record behind me. People who will take advantage of this bill are people like me who are productive members of society. People who are not rehabilitated will not even try to get their record expunged because they do not care. People like me who have truly changed their life are the ones this bill will help. May you see that Francie. God bless you.
Agreed. I too am an ex con, finding decent work was near impossible and im not one to shy from any work. Had to start my own business which is hard with high school education. I own a home, I work and pay taxes im involved in my community and I even support the police. This bill gives inmates the next step towards “rehabilitated”. Not all felons are criminals, it is possible to have learned your lesson, paid with your time, and there should be a light at the end of the tunnel.
SB 731 NEEDS TO BE SIGNED! Since the “expuqngmenet” process in CA does NOT CURRENTLY ALLOW for a person to petition a local court to get an OLD (as in greater than 20 years old!) criminal case PHYSICALLY ERASED from their “rap sheet” (officially known as a CII record!), SB 731 allows the CA DOJ to give “conviction relief” from those who have long-since gotten a crime “dismissed”! It is time to get OLD CRIMINAL OFFENSES (that have NOT BEEN REPEATED! OFF a criminal record! SB 731 allows for this!
I was convicted in 1990 and served my time and was on probation for 5 year’s. I have never been in trouble before or after the. but these search engines on social media will not erase them from their web sites and if I needed extra help as I’m bedridden and immobile disabled senior citizen. I keep telling these search engines to remove my information on all search engines but they ignore me. someone else had stolen my identity even in 1991 as they government had my name attached to the woman who stole my identity. If the Government checked the finger prints back then and now then government would know it was not me. I’ve tried contacting these search engines to ask them to remove my convictions. I won partial of my sentence. I’m 62 year’s old disabled senior citizen and a woman and a minority. I don’t think it’s fair that these search engines have my information from well over 40 year’s ago.
SB731 the conviction occurred on or after January 1, 2005? Why not before 2005, the law SB731 needs to change.