BILL ANALYSIS
AB 2068
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2068 (Hill)
As Amended August 9, 2010
Majority vote
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|ASSEMBLY: |45-29|(May 3, 2010) |SENATE: |23-10|(August 19, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
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.
The Senate amendment double-joints this bill with AB 2582
(Adams) to avoid chaptering problems.
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
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
AB 2068
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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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate 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.
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
AB 2068
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319-3744
FN: 0005797