BILL ANALYSIS AB 2068 Page 1 Date of Hearing: April 14, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2068 (Hill) - As Introduced: February 18, 2010 Policy Committee: Public SafetyVote: 4-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill authorizes the court, in the interest of justice, to expunge the record for a misdemeanor conviction - after one year - of a person who has not received probation. (This relief is similar to that provided to specified misdemeanants and felons who have received probation under current law, as well as to misdemeanants who have not received probation and withdraw their plea or have their plea set aside.) FISCAL EFFECT Minor absorbable trial court costs by extending judicial discretion for expungement to misdemeanants who have not been given a probation term. COMMENTS 1)Rationale. The author and proponents note that while current law provides expungement relief for specified misdemeanants and felons who have received probation, there is no parallel provision for misdemeanants who have not received probation. According to the author, "AB 2068 will give the court additional discretion to provide expungement to individuals whose good behavior and reformation are proven. In today's world, criminal background checks are common when applying for jobs, housing, and other everyday life transactions. Having a misdemeanor on a person's record, especially when a person has been reformed, can make it very difficult for them to be a productive member of society. This bill will help people get back on their feet and give them an opportunity to AB 2068 Page 2 successfully reintegrate." 2)Support . According to the sponsor, the East Bay Community Law Center "The dismissal remedy (also known as an 'expungement') that is available in California provides evidence of rehabilitation for employment and licensing purposes and removes barriers to employment and housing. Currently there is an inconsistency in California's expungement statutes, [Penal Code sections] 1203.4 and 1203.4a. Penal Code section 1203.4 (which applies to cases where probation in sentenced) empowers judges to exercise their discretion to dismiss a conviction 'in the interests of justice.' However, there is no parallel provision in Penal Code section 1203.4a, which applies to non-probation misdemeanor cases." 3)Amendments . The author has technical amendments. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081