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<ns0:Id>20250AB__070498AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-14</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<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>
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<ns0:Title>An act to add Section 1203.48 to the Penal Code, relating to criminal records. </ns0:Title>
<ns0:RelatingClause>criminal records</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Criminal records: destruction.</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 arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age to petition the court to have their records of that conviction or arrest sealed and destroyed if 4 years have elapsed since the date on which the person was arrested or 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 and destroy 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, a sex offense, or an offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.</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>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_6A1D2636-7892-4560-8D91-ECA2D121160E">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 1203.48 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_C7390D10-1016-4537-BE3D-EFA7D286B4E6">
<ns0:Num>1203.48.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction 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 based on the arrest, 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 arrestee 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"/>
If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction 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"/>
After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A sealing and destruction order granted by the court under this section shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Set forth a finding that the arrest,
conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notify the Department of Justice that sealing and destruction relief has been ordered.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivision (g), a petition shall not be granted if 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>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any law enforcement agency having jurisdiction over the offense.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Department of Justice.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any law enforcement agency that arrested the petitioner.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any law enforcement agency that participated in the arrest of
the petitioner.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court shall provide the petitioner and petitioner’s counsel a certified copy of any court order concerning the sealing and destruction 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 and destruction of the arrest and conviction records.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Department of Justice shall notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal and destroy the arrest or conviction records within the timeline required pursuant to paragraph (2).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioner’s counsel.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding any other law, a
petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.
</html:p>
<html:p>
(l)
<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>
(m)
<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>
(n)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Eligible offense” means an offense that is not one of the following:
</html:p>
<html:p>
(A)
<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>
(B)
<html:span class="EnSpace"/>
Any offense specified in subdivision (c) of Section 1192.7.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any felony offense specified in subdivision (a) of Section 273.5
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any offense specified in subdivision (a) or (b) of Section 23152 of the Vehicle Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any offense specified in subdivision (a) or (b) of Section 23153 of the Vehicle Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Sealing and destruction relief” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed
not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
</html:p>
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<ns0:BillSection id="id_4E3E4E9D-C09F-44BF-AEB7-D3A9613B84DE">
<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>
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