California Racial Justice Act Retroactivity in 2026: Who Can File a Penal Code § 745 Claim?

Direct answer: As of January 1, 2026, the California Racial Justice Act’s phased retroactivity for felony convictions has reached its final stage. A person with a qualifying felony judgment can potentially raise a Penal Code § 745 claim even if the judgment became final before the Act originally took effect. The correct procedural vehicle depends on the posture of the case—trial court motion, direct appeal, habeas corpus, or in some circumstances a motion under Penal Code § 1473.7.

This page addresses retroactivity and procedural posture. For the substantive prohibition, start with our California Racial Justice Act (Penal Code § 745) pillar. For discovery standards, see RJA Discovery in 2026. For available relief after a violation is proven, see RJA Remedies in 2026.

What changed on January 1, 2026?

The Legislature did not make every final judgment retroactively eligible on one date. Retroactivity was phased in over several years. Judicial Council materials implementing the statute explain that the final phase took effect January 1, 2026 and that the phased-in retroactivity framework is now complete for felony convictions.

That matters because older final felony judgments that previously fell outside the applicable phase-in date are no longer excluded merely because of the age of the judgment. The question shifts from when did the judgment become final? to whether the claim fits the Racial Justice Act and is brought through an available procedural vehicle.

Does 2026 retroactivity mean every old conviction automatically gets relief?

No. Retroactivity means an otherwise eligible person may present an RJA claim; it does not establish a violation and does not guarantee relief. The moving party still must identify a legally cognizable theory under Penal Code § 745, satisfy the requirements for the procedural vehicle being used, and ultimately meet the applicable burden for the requested stage of litigation.

For example, a request for discovery is governed by a different threshold than the ultimate merits determination. A claim based on discriminatory charging statistics also presents different proof issues from a claim based on racially discriminatory statements by a judge, attorney, law enforcement officer, or expert witness.

What cases are covered by the completed phase-in?

Judicial Council implementation materials state that, as of January 1, 2026, the final statutory phase extends retroactive eligibility to felony judgments without the prior date-of-finality limitation that governed earlier phases. Earlier implementation dates had prioritized specified groups and newer felony judgments before the final phase became effective.

Because procedural posture still matters, attorneys should distinguish among: (1) a criminal case in which judgment has not yet been entered; (2) a judgment on direct appeal; and (3) a final judgment being challenged collaterally.

Can an RJA claim be raised before judgment?

Yes. The Act permits a claim to be raised during the criminal case. A pre-judgment claim can be especially important because the statutory remedies for a proven violation before judgment differ from postjudgment relief. The timing of the claim can also affect what record can be developed before trial or sentencing.

Can an RJA claim be raised on direct appeal?

California law now permits an RJA claim to be raised for the first time on direct appeal when the claim is based on the trial record. The statutory framework also permits a defendant to seek a stay and remand to the trial court in appropriate circumstances so that an RJA claim can be litigated there.

The key distinction is whether the claim can be decided from the existing appellate record or requires factual development outside that record. Statistical evidence, comparator evidence, discovery concerning charging practices, or evidence of statements not already in the record may make trial-court factual development particularly important.

How are final judgments challenged?

For final judgments, the RJA can be raised through postconviction procedures authorized by statute, including habeas corpus. Depending on the circumstances, Penal Code § 1473.7 may also provide a vehicle for an RJA claim. The procedural requirements of the chosen vehicle still matter; retroactivity does not eliminate ordinary pleading, jurisdictional, record-development, or remedy questions.

What did AB 1071 change for 2026?

Assembly Bill 1071, effective January 1, 2026, made several procedural clarifications that are important for retroactive litigation. Judicial Council materials implementing the legislation explain that the amendments expressly allow RJA discovery motions in proceedings preparing a habeas petition or Penal Code § 1473.7 motion, apply the RJA definitions to those proceedings, clarify mandatory pre-judgment remedies after a violation is found, and address appointment of counsel in habeas proceedings when the petitioner pleads a plausible RJA allegation.

Those changes matter because retroactivity without access to discovery and counsel can be difficult to use in practice. The 2026 framework more clearly connects the substantive right to the procedural tools needed to investigate and present a claim.

Does the RJA have a single filing deadline?

There is no single universal date that operates like a simple civil statute of limitations for every RJA claim. Instead, timing depends on the case posture and the procedural vehicle. The earlier statutory phase-in dates determined when specified categories of older judgments became eligible to file. With that phase-in complete as of January 1, 2026 for felony judgments, practitioners should focus on the rules governing the particular motion, appeal, habeas petition, or § 1473.7 proceeding.

That does not mean delay is strategically harmless. Evidence can become harder to obtain, memories fade, datasets change, and comparator records may require substantial lead time to collect and analyze.

What evidence should be preserved for a retroactive RJA claim?

Depending on the theory, preservation should include the trial and sentencing record, charging documents, plea offers, voir dire and jury-selection materials, law-enforcement reports, body-worn camera or recorded statements, prosecutor and court statements reflected in the record, expert reports, and available data concerning similarly situated cases. Statistical claims require careful definition of the comparison group and the relevant decision point.

For discovery strategy and statistical evidence, see our California Racial Justice Act Discovery in 2026 guide.

Why the procedural vehicle matters

An RJA allegation may involve the same underlying discrimination theory but require different pleading and proof depending on where the case is procedurally. A trial court considering discovery is not deciding the same question as an appellate court reviewing a record-based claim or a habeas court evaluating a collateral attack on a final judgment.

For that reason, an effective RJA analysis should identify four things at the outset: the judgment status, the procedural vehicle, the specific subdivision of § 745 implicated, and the evidence needed to move from allegation to proof.

Frequently asked questions

Can someone with a felony conviction from before 2021 bring an RJA claim in 2026?

Potentially yes. The phased retroactivity schedule has reached its final stage for felony judgments. Eligibility to file does not itself establish a violation or guarantee relief.

Does the age of the conviction still matter?

The prior phase-in date restrictions are no longer the principal eligibility barrier for felony judgments as of January 1, 2026. The age of the case can still matter practically because records, witnesses, and comparator data may be harder to obtain.

Can an RJA claim be raised for the first time on appeal?

Yes, when the statutory requirements are met, including record-based claims. A stay and remand may also be available where trial-court litigation is needed.

Can a petitioner obtain discovery before filing a habeas petition?

The 2026 amendments expressly address discovery in preparation for RJA habeas and § 1473.7 proceedings. The moving party must still satisfy the governing discovery standard.

Does retroactivity mean the conviction is automatically vacated?

No. Retroactivity opens the door to litigating the claim. Relief follows only if the court finds an RJA violation and applies the remedy authorized for that procedural posture.

Official sources

• Judicial Council Rules Committee materials, December 4, 2025 (noting that the RJA phased-in retroactivity is complete as of January 1, 2026).
• Judicial Council Invitation to Comment W26-05 (summarizing AB 1071’s 2026 procedural amendments).

Legal information only: This article summarizes the statutory framework and is not legal advice for a particular case. The operative statute, current rules, and procedural vehicle should be checked before filing.