BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2068
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 2068 (Hill) 
          As Amended  April 29, 2010
          Majority vote 

           PUBLIC SAFETY       4-0         APPROPRIATIONS      10-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Beall, Hill,     |Ayes:|Fuentes, Ammiano,         |
          |     |Skinner                   |     |Bradford,                 |
          |     |                          |     |Charles Calderon, Coto,   |
          |     |                          |     |De Leon, Hall, Skinner,   |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 

           SUMMARY  :  Authorizes the court, after a lapse of one year from  
          the date of pronouncement of judgment, in its discretion and in  
          the interest of justice, to afford a defendant expungement from  
          a former misdemeanor conviction.  Specifically,  this bill   
          provides that a court, in its discretion and in the interest of  
          justice, can determine that a defendant, who has been convicted  
          of a misdemeanor and not granted probation, should be granted  
          expungement relief after the lapse of one year from the date of  
          pronouncement of the judgment, subject to certain exceptions.  
           
          EXISTING LAW  :

          1)States that every defendant convicted of a misdemeanor and not  
            granted probation shall, at any time after the lapse of one  
            year from the date of pronouncement of judgment, if he or she  
            has fully complied with and performed the sentence of the  
            court, is not then serving a sentence for any offense and is  
            not under charge of commission of any crime and has, since the  
            pronouncement of judgment, lived an honest and upright life  
            and has conformed to and obeyed the laws of the land, be  
            permitted by the court to withdraw his or her plea of guilty  
            or nolo contendere and enter a plea of not guilty; or if he or  
            she has been convicted after a plea of not guilty, the court  
            shall set aside the verdict of guilty; and in either case the  
            court shall thereupon dismiss the accusatory pleading against  
            the defendant, who shall thereafter be released from all  








                                                                  AB 2068
                                                                  Page  2

            penalties and disabilities resulting from the offense of which  
            he or she has been convicted.  

          2)Provides that in any case where the defendant has fulfilled  
            the conditions of probation for the entire period of  
            probation, or has been discharged prior to the termination of  
            the period of probation, or in any other case in which a  
            court, in its discretion and the interests of justice,  
            determines that a defendant should be granted expungement  
            relief, the defendant shall at any time after the termination  
            of the period of probation be allowed to withdraw his or her  
            plea of guilty, or if he or she has been convicted after a  
            plea of not guilty, the court shall set aside the verdict of  
            guilty; and in either case, the court shall dismiss the  
            accusation against the defendant, and, except as noted, the  
            defendant shall be released from all penalties and  
            disabilities.  

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, minor absorbable trial court costs by extending  
          judicial discretion for expungement to misdemeanants who have  
          not been given a probation term.

           COMMENTS  :   According to the author, "This bill amends  
          California Penal Code section 1203.4a to provide the courts with  
          discretion to dismiss misdemeanor convictions where the person  
          has not been sentenced to probation.  The proposed amendment to  
          Penal Code section 1203.4a would mirror the language found in  
          [Section] 1203.4 and bring consistency and equity to the  
          statutory scheme. 

          "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 successfully reintegrate." 

          Please see the policy committee for a full discussion of this  
          bill.
           









                                                                 AB 2068
                                                                  Page  3

          Analysis Prepared by  :    Meghan Masera / PUB. S. / (916)  
          319-3744 


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