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 FN: 0004036