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