AB 1281 Summary

• Dismissal of a criminal conviction under sections 1203.4, 1203.4a, or 1203.4b does not invalidate or terminate any criminal protective order issued in that case under domestic violence, elder abuse, or stalking statutes.

• Criminal protective orders issued under sections 136.2, 273.5, 368, or 646.9 remain in full effect after conviction dismissal until the order expires or is modified by the court.

• Automatic conviction relief under section 1203.425 (effective July 1, 2023) does not release defendants from unexpired protective orders, which continue until expiration or court modification.

• Starting July 1, 2023, the Department of Justice automatically reviews criminal records and grants relief to eligible persons without requiring a petition, including those convicted of felonies meeting specified criteria.

• Prosecutors or probation departments may petition the court up to 90 days before eligibility for automatic relief to prevent dismissal based on substantial threat to public safety.