BILL NUMBER: AB 1384	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 18, 2011

   An act to amend Section 1203.4a of the Penal Code, relating to
expungement standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1384, as introduced, Bradford. Expungement standards.
   Existing law, subject to exceptions, provides that every defendant
convicted of a misdemeanor and not granted probation and every
defendant convicted of an infraction 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, as specified.
   The bill would make this relief unavailable for convictions of
specified sex offenses that apply if the victim is a child 14 or 15
years of age or a dependent person. This bill would authorize the
court, in its discretion and in the interests of justice, to afford a
defendant that relief as to other charges to which these provisions
apply if, after a lapse of one year from the date of pronouncement of
judgment, the defendant has fully complied with his or her sentence,
is not currently serving a sentence for any offense, and is not
under charge of commission of any crime.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.4a of the Penal Code is amended to read:
   1203.4a.  (a) Every defendant convicted of a misdemeanor and not
granted probation, and every defendant convicted of an infraction
 ,  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, except as provided in Section 12021.1
of this code or Section 13555 of the Vehicle Code.  The
defendant shall be informed of the provisions of this section, either
orally or in writing, at the time he or she is sentenced. The
defendant may make an application and change of plea in person or by
attorney, or by the probation officer authorized in writing;
provided, that in any 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 relief had not been granted pursuant
to this section.  
   (b) After a lapse of one year from the date of pronouncement of
judgment, a court, in its discretion and in the interests of justice,
may grant the relief available pursuant to this section to a
defendant convicted of an infraction, or of a misdemeanor and not
granted probation, or both, 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.
 
   (c) The defendant shall be informed of the provisions of this
section, either orally or in writing, at the time he or she is
sentenced. The defendant may make an application and change of plea
in person or by attorney, or by the probation officer authorized in
writing; provided, that in any 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 relief had not been
granted pursuant to this section. 
   This subdivision applies to convictions which occurred before, as
well as those occurring after, the effective date of this section.

   (b) 
    (d)  Subdivision (a) does not apply to  a
misdemeanor violation of subdivision (c) of Section 288, or to 
any misdemeanor falling within the provisions of Section 42002.1 of
the Vehicle Code, or to any infraction falling within the provisions
of Section 42001 of the Vehicle Code. 
   (c) 
    (e)  A person who petitions for a dismissal of a charge
under this section may be required to reimburse the county and the
court for the cost of services rendered at a rate to be determined by
the county board of supervisors for the county and by the court for
the court, not to exceed sixty dollars ($60), and to reimburse any
city for the cost of services rendered at a rate to be determined by
the city council not to exceed sixty dollars ($60). Ability to make
this reimbursement shall be determined by the court using the
standards set forth in paragraph (2) of subdivision (g) of Section
987.8 and shall not be a prerequisite to a person's eligibility under
this section. The court may order reimbursement in any case in which
the petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision. 
   (d) 
    (f)  A petition for dismissal of an infraction pursuant
to this section shall be by written declaration, except upon a
showing of compelling need. Dismissal of an infraction shall not be
granted under this section unless the prosecuting attorney has been
given at least 15 days' notice of the petition for dismissal. It
shall be presumed that the prosecuting attorney has received notice
if proof of service is filed with the court. 
   (e) 
    (g)  Any determination of amount made by a court under
this section shall be valid only if either (1) made under procedures
adopted by the Judicial Council or (2) approved by the Judicial
Council.