Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__238498AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-16</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2384</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Lowenthal</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lowenthal</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Section 1203.48 to the Penal Code, relating to crimes.</ns0:Title>
<ns0:RelatingClause>crimes</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Crimes: records: sealing.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense.</html:p>
<html:p>This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as
specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_B414DFF8-E5F6-4FF7-B66C-07AA2096528C">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1203.48'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1203.48 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_888D807E-316F-475B-B40D-804845423375">
<ns0:Num>1203.48.</ns0:Num>
<ns0:LawSectionVersion id="id_8C7520AF-8B8D-46C0-A1BB-4DB60547D3BD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person suffered an arrest for any offense that did not result in conviction, was charged with an offense that did not result in a conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense and the requirements in subdivision (b) are met, the person may petition the court for sealing relief of their convictions, charges, and arrests under this section. Records that did not result in a conviction are eligible for sealing relief if any of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense
or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
No conviction occurred and the person has been acquitted of the charges.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph
(2) of subdivision (a) of Section 851.93.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court may order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible under paragraph (1) of subdivision (a), the date on which the record became eligible under paragraph (2) or (3) of subdivision (a), or the date on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense. If a conviction contains multiple offenses, the court shall not order sealing relief unless all offenses meet the eligibility requirements of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The petition for sealing relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the
conviction for which sealing is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Testimony by the petitioner, which may be required in support of the petition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Evidence and supporting documentation in
support of the petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A petition shall not be granted if either of the following is true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The petitioner is subject to terms and conditions of any unexpired criminal protective orders.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The petitioner has not paid any financial restitution order that directly benefits the victim of a crime. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
After considering the totality of the evidence presented, the court may order sealing
relief if it finds it is in the best interest of justice.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the court grants a petition pursuant to this section, the court shall issue a written ruling and order to the petitioner, the petitioner’s counsel, the Department of Justice, the prosecuting attorney, and the law enforcement agency that made the arrest that does all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest or conviction, except as provided in subdivision (k).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Orders the Department of Justice, any law enforcement agency, or any criminal justice agency, as defined in Section 851.92, that has
taken action or maintains records subject to the petition to seal the record of arrest, charge, or conviction according to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Orders the Department of Justice to forward the order to the Federal Bureau of Investigation (FBI) to request that any records of the arrest, charge, or conviction subject to the sealing relief order that are maintained by the FBI be sealed for all noncriminal justice purposes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any government agency described in subdivision (h) shall seal its records granted sealing relief pursuant to this section within 90 days after the court issues the order.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Except as provided in subdivision (k), a record granted sealing relief pursuant to this section, including all court records related to the sealed arrest, charge, or conviction, shall not be disclosed to any person or entity
except the person whose arrest, charge, or conviction was sealed and their counsel.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, a criminal justice agency may access and use a conviction record sealed pursuant to this section as required by an initiative statute.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The court shall provide the petitioner and petitioner’s counsel a certified copy of the court order concerning the sealing of the records subject to the order. The court shall provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing of the arrest, charge, and conviction records.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full
name.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For the purposes of this section, “eligible offense” means an offense that is not one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any offense specified in subdivision (c) of Section 1192.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any felony offense specified in subdivision (a) of Section 273.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any offense specified in subdivision (a) or (b) of Section 23152 of the Vehicle
Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any offense specified in subdivision (a) or (b) of Section 23153 of the Vehicle Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_68430E26-1F6B-4897-9F43-795BD8D3081F">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>