Criminal records: relief.

Senator Durazo's criminal records legislation modifies California's automatic conviction relief system by establishing a three-year inactivity threshold for determining the absence of pending charges and expanding documentation requirements for granted relief.

The Department of Justice must now conclude there are no pending criminal charges if three years have passed without new activity on an individual's record. When relief is granted, courts must annotate local criminal history databases to indicate the relief status and date of notification. Upon request, courts will provide individuals with certificates confirming their granted relief.

The bill preserves existing limitations on conviction relief, including continued disclosure requirements for peace officer applications and public offices, maintenance of firearm restrictions, and enforcement of active criminal protective orders. Prosecuting attorneys retain the ability to petition against automatic relief by demonstrating public safety concerns, with courts required to hold hearings within 45 days.

Local agencies implementing these changes may seek reimbursement through the Commission on State Mandates for any state-mandated costs. The Department of Justice will publish annual statistics on granted and denied relief requests by county through the OpenJustice Web portal, enhancing transparency in the relief process.