As recently as December 31, 2025, peace officers and law enforcement agencies employing them could enter into so-called “clean record agreements” in an effort to settle disputes between them such as pending disciplinary appeals. As of January 1, 2026, however, the landscape is significantly different.

Assembly Bill 1388 was signed into law by Governor Gavin Newsom on October 13, 2025, and went into effect on January 1, 2026. Along with Assembly Bills 847 and 1178, AB 1388 aims to expand and clarify access to confidential peace officer personnel records. Specifically, AB 1388 which amended sections 832.7 and 13510.9 of the Penal Code, now prohibits any agreements between a peace officer and their employing agency that would require the latter to destroy, remove, or conceal a record of a misconduct investigation. Likewise prohibited are any agreements that would require the employing agency to halt a misconduct investigation, to make any particular findings in such an investigation, or to restrict the disclosure of information about an allegation or investigation of misconduct.

The consequences of entering into a prohibited agreement are significant. First, any provision that is inconsistent with the requirements of AB 1388 is deemed contrary to law and public policy, and rendered void and unenforceable. Second, any prohibited agreement is subject to disclosure pursuant to a California Public Records Act request.

Now that AB 1388 is in effect, law enforcement agencies may have many questions about both agreements that pre-date January 1, 2026, and agreements entered into on that date or thereafter. For example, agencies may be contemplating whether any provision that is inconsistent with the requirements of AB 1388 included in an agreement that pre-dates January 1, 2026, is now void and unenforceable? The short answer is that this is likely not the case. AB 1388 does not contain language that suggests that its prohibitions apply retroactively. The longer answer, however, is that such an agreement is still subject to Penal Code section 832.7’s disclosure requirements pursuant to AB 1388.     

Agencies may also be wondering what some of the practical implications of AB 1388 will be going forward. As a preliminary matter, AB 1388 is likely going to result in a significant decrease in informal resolutions of pending disciplinary appeals, which means that more matters will proceed to and through an appeal hearing. Peace officers and the law enforcement agencies employing them may still enter into settlement agreements, but the types of terms they can now agree to are significantly more limited. In addition, law enforcement agencies will also need to ensure that any agreements already entered into between January 1, 2026, and the present are reviewed for compliance with AB 1388, and that any future contemplated agreements are carefully discussed with and reviewed by trusted legal counsel.