AB 218 & SB 731 Automatic Relief: A Ventura County Guide
TLDR: California has expanded automatic record relief through SB 731 (2022), which broadens automatic conviction record sealing for many adults, and AB 218 (2019), which extended the statute of limitations for childhood sexual assault civil claims. This Ventura County guide explains how these laws may affect residents and what to consider next.
Overview: Two Different Laws, Two Different Purposes
Although often discussed together, AB 218 and SB 731 address distinct areas of California law. SB 731 (2022) expands automatic relief for many adult criminal records, building on prior ‘Clean Slate’ legislation. AB 218 (2019) is a civil statute that extended the time period in which survivors of childhood sexual assault may bring civil claims. Ventura County residents should understand which law applies to their situation before taking action.
SB 731: Expanded Automatic Conviction Relief
SB 731 broadened California’s automatic record relief framework so that more individuals with felony convictions can have their records sealed after completing their sentence and remaining conviction-free for a period set by statute. Certain serious and violent offenses, and convictions requiring sex offender registration, are excluded. Relief is generally automatic through the California Department of Justice process, meaning eligible individuals do not need to file a petition; however, sealing under this law does not erase the conviction for all purposes (for example, it remains accessible to law enforcement and in certain licensing contexts).
AB 218: Childhood Sexual Assault Civil Claims
AB 218 amended the California Code of Civil Procedure § 340.1 to extend the statute of limitations for civil actions arising from childhood sexual assault and increased potential damages where a cover-up is proven. The law also opened a limited revival window for previously time-barred claims. Because the specific filing deadlines and revival window dates have shifted through implementation, anyone considering a claim should consult an attorney promptly to confirm current deadlines under official California sources.
What This Means for Ventura County Residents
Ventura County residents seeking SB 731 relief generally do not need to file anything for automatic sealing, but should obtain their California criminal history record from the Department of Justice to confirm whether relief has been applied. For convictions that fall outside automatic relief, a petition before the Ventura County Superior Court may still be necessary. For AB 218 matters, civil filings are made in the appropriate superior court, and survivors should act quickly given the time-sensitive nature of these claims.
Tips for Navigating Automatic Relief
- Verify before you assume: Even if SB 731 applies automatically, request your official California DOJ record to confirm the relief has been applied.
- Watch for exclusions: Serious or violent offenses and registrable sex offenses are not eligible for automatic sealing.
- Understand disclosure duties: Sealed records may still need to be disclosed for certain licensing, law enforcement, or public office applications.
- Act quickly on civil claims: AB 218 deadlines and any revival windows are time-sensitive; delay can forfeit rights.
- Use a local attorney: A Ventura County practitioner will be familiar with the local Superior Court’s procedures.
Practical Next Steps Checklist
- Identify which law (SB 731 or AB 218) applies to your situation.
- Request your official California DOJ criminal history record if SB 731 may apply.
- Confirm whether your conviction falls within an excluded category.
- Consult a qualified California attorney to evaluate eligibility, exclusions, and any petitions that may still be required.
- For AB 218 claims, preserve documentation (records, communications, names of witnesses).
- Seek counsel without delay because civil deadlines vary based on the facts of each case.
- Verify current statutory deadlines with official California sources before acting.
Limits of Automatic Relief
Automatic relief under SB 731 does not apply to every conviction, does not vacate the conviction, and does not restore firearm rights lost due to a felony. Disclosure obligations may still apply in certain professional licensing, law enforcement, and public office contexts. AB 218 relief is civil in nature and does not affect criminal records.
Frequently Asked Questions
Do I need to file a petition to get SB 731 relief?
For eligible convictions, relief is generally automatic through the California Department of Justice without a petition. However, you should verify that the relief has been applied to your record, and certain convictions outside the automatic framework may still require a petition in Superior Court.
Does SB 731 erase my conviction?
No. SB 731 seals records for many purposes but does not erase the conviction. Law enforcement and certain licensing agencies may still access sealed records, and firearm rights lost due to a felony are not restored.
Who can bring a claim under AB 218?
AB 218 applies to civil claims by survivors of childhood sexual assault. It extended the statute of limitations and, for a limited window, revived certain previously time-barred claims. Because deadlines have evolved, consult an attorney promptly to confirm whether your claim is timely.
Where are AB 218 cases filed in Ventura County?
Civil claims are filed in the appropriate California Superior Court. For Ventura County residents, this is typically the Ventura County Superior Court, although venue depends on the facts of the case.
Will SB 731 restore my firearm rights?
No. Automatic record relief under SB 731 does not restore firearm rights that were lost as a result of a felony conviction. Other legal processes may be required to address firearm restrictions.
Talk to a Ventura County Attorney
If you have questions about how AB 218 or SB 731 applies to your circumstances, contact our office to schedule a confidential consultation.
Sources
- California SB 731 (2022)
- California AB 218 (2019)
- California Department of Justice
- California Code of Civil Procedure § 340.1
- Ventura County Superior Court
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading this content does not create an attorney-client relationship. Laws and deadlines change, and how a law applies depends on individual facts. For advice about your situation, consult a licensed California attorney. Specific statutory deadlines have been omitted here pending verification against official California sources; always confirm current requirements with the California Legislature, California Courts, or the California Department of Justice before acting.