New California Delete Law Fills the Expungement Gap

Effective January 1, 2026, Californians with a criminal record may benefit from what some are calling the “one-stop-shop” data deletion law put in place to help remove the shadow of criminal records that often show up in background checks, making getting employment, housing, and traveling more challenging than they need to be. The California Delete Act (Senate Bill 362) centralizes data deletion requests for Californians to consumer data collection brokers. It legally binds them to delete data, which provides a unique opportunity for those who have faced criminal charges in the state.

Deletion of Data Is Not Deletion of Crime

The Delete Act concerns removing personal data from data brokers’ databases, not clearing or expunging criminal records from court or law enforcement systems. An expungement is the sealing of one’s criminal record and is most effectively done by experienced defense lawyers familiar with filing these requests with the court. However, the new law does help significantly after a conviction has been legally expunged, dismissed, sealed, or otherwise cleared. It is essential to know that if the court record is not legally cleared, data brokers will still legally report records.

The Delete Law Targets Data Brokers

Although those with a criminal record may benefit from this new law, it does not target the courts or expedite the expungement process, which is why it is more of a gap-filler post-expungement. The data brokers most landlords and employers use to run background checks are those that own and report on individuals. These data brokers sell information that includes criminal records and other personal data, which is why, upon request, they must delete the data every 45 days starting August 1, 2026. This new law is a win for Californians wanting to remove the shadow of a criminal record after it is cleared

Only Requested Deletions Are Granted

It is popularly misunderstood that these data dumps or deletions will be automatic, which is incorrect. The Delete Law requires data brokers to review deletion requests every 45 days and honor them. The one request is the action that individuals must take. This request can be made using the Delete Request and Opt-Out Platform (DROP). However, if the court record was not updated or the expungement was not done correctly, data brokers can deny the deletion request, which is why filing for an expungement should be handled by a professional defense lawyer to ensure it is done correctly and qualifies individuals to request the deletion.

Some Criminal Records Will Not Qualify for Deletion

California lawmakers did not include all crimes in this new law. Some convictions, pending cases, and legally reportable information (such as registration as a sex offender) will likely be excluded from this new deletion request because state and federal reporting laws will always prevail. Individuals who have been convicted of a crime, filed for an expungement, or had their record cleared otherwise by the courts often have to deal with old data being reported, which creates the shadow effect. This new California law allows people to experience a new sense of freedom with a fresh start.

Although clearing a criminal record in California remains a multi-step process, it begins with expungement and can be done affordably by an experienced defense attorney like Joni K. Eisenstein. Whether a DUI, assault, or possession charge, starting with the proper representation is always the best way to approach facing criminal charges. Reduced charges can qualify individuals for programs and expungements that they would not be eligible for under harsher convictions. When it matters, and it always matters, hire a private attorney to represent you and take the guesswork out of facing criminal charges in California. It is a grave mistake to risk mishaps in the expungement process that lead to denial, prolong the consequences of a criminal conviction, or disqualify a person from the Delete Act. This is a chance to take advantage of the new law that allows Californians to overcome past mistakes and get a truly fresh start in life. A clean background check makes it easier to travel outside the country, qualify for loans and housing, and removes the hurdle for many employers today.