BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2582
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          ASSEMBLY THIRD READING
          AB 2582 (Adams)
          As Amended  May 5, 2010
          Majority vote 

           PUBLIC SAFETY       6-0                                         
           
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          |Ayes:|Ammiano, Hagman, Beall,   |     |                          |
          |     |Gilmore, Hill, Skinner    |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Authorizes the court to expunge a former conviction  
          for a non-vehicular infraction.  Specifically,  this bill  :

          1)Provides that a court can determine that a defendant convicted  
            of a non-vehicular infraction should be granted expungement  
            relief after the lapse of one year from the date of  
            pronouncement of the judgment.  

          2)Requires that a petition for dismissal of an infraction be by  
            written declaration, except upon a showing of compelling need,  
            and that the prosecuting attorney be given 15-days' notice of  
            the petition.  It will be presumed that the prosecuting  
            attorney has received notice if proof of service is filed with  
            the court.

           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  








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            which he or she has been convicted.  

          2)States that an order of dismissal does not relieve him or her  
            of the obligation to disclose the conviction in response to  
            any questions contained in any questionnaire or application  
            for public office, or for licensure for any state or local  
            agency.  

          3)Provides that, despite the accusatory pleading having been  
            dismissed, in any other subsequent prosecution of the  
            defendant for any other offense, the prior conviction may be  
            pleaded and proved and shall have the same effect as if  
            probation had not been granted or the accusation or  
            information dismissed.  

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, "A criminal record can be a  
          huge impediment to anyone seeking a job.  Existing law partially  
          addresses this issue by permitting a person convicted of a  
          non-vehicular misdemeanor, and who has maintained a perfectly  
          clean record for at least a year, to petition the court to have  
          the conviction removed from his or her record.  However,  
          existing law does not permit a person convicted of a  
          non-vehicular infraction to clear his or her record in the same  
          way, even though such a conviction will show up in a criminal  
          history background check and some infractions- such as  
          disturbing the peace, fighting in public, attempt to purchase  
          alcohol by a minor, and driving without a license - can appear  
          serious enough to keep the individual from getting the job. 

          "AB 2582 will permit persons convicted on non-vehicular  
          infractions to petition the court to have the convictions  
          removed from their record, under exactly the same conditions and  
          in exactly the same manner as misdemeanor convictions, thereby  
          removing this impediment from their efforts to obtain gainful  
          employment."

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

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








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