BILL NUMBER: AB 1384	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2011

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 amended, 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   satisfies
certain conditions  , 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   is required to  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  misdemeanor
 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. 
The bill would make a clarifying change to its provisions. 
   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.
   (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.
 
   (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.  
   (d)  This section applies to any conviction specified in
subdivision (a) or (b) that occurred before, as well as those
occurring after, the effective date of this section, except that this
section does not apply to the following:  
   (1) A misdemeanor violation of subdivision (c) of Section 288.
 
   (2) Any misdemeanor falling within the provisions of Section
42002.1 of the Vehicle Code.  
   (3) Any infraction falling within the provisions of Section 42001
of the Vehicle Code. 
   (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.
   (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.
   (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.