AB 651, as introduced, Bradford. Convictions: expungement.
Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a 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 this or other specified relief.
This bill would authorize a court to allow a defendant sentenced to county jail for a felony to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty, after the lapse of one year following the defendant’s completion of the sentence, provided that the defendant is not under supervision as specified, and is not serving a sentence for, on probation for, or charged with the commission of any offense. The bill would provide that the defendant would be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.41 is added to the Penal Code, to
2read:
(a) If a defendant is sentenced pursuant to paragraph
4(5) of subdivision (h) of Section 1170, the court, in its discretion
5and in the interests of justice, may order the following relief,
6subject to the conditions of subdivision (b):
7(1) The court may permit the defendant to withdraw his or her
8plea of guilty or plea of nolo contendere and enter a plea of not
9guilty, or, if he or she has been convicted after a plea of not guilty,
10the court shall set aside the verdict of guilty, and, in either case,
11the court shall thereupon dismiss the accusations or information
12against the defendant and he or she shall thereafter be released
13from all penalties and disabilities resulting from the offense of
14which he or she has been convicted, except as provided
in Section
1513555 of the Vehicle Code.
16(2) The relief available under this section may be granted only
17after the lapse of one year following defendant’s completion of
18the sentence, provided that the defendant is not under supervision
19pursuant to subparagraph (B) of paragraph (5) of Section 1170,
20and is not serving a sentence for, on probation for, or charged with
21the commission of any offense.
22(3) The defendant shall be informed, either orally or in writing,
23of the provisions of this section and of his or her right, if any, to
24petition for a certificate of rehabilitation and pardon at the time he
25or she is sentenced.
26(4) The defendant may make the application and change of plea
27in person or by attorney, or by a probation officer authorized in
28writing.
29(b) Relief granted pursuant to subdivision (a) is subject to the
30following conditions:
31(1) In any subsequent prosecution of the defendant for any other
32offense, the prior conviction may be pleaded and proved and shall
33have the same effect as if the accusation or information had not
34been dismissed.
35(2) The order shall state, and the defendant shall be informed,
36that the order does not relieve him or her of the obligation to
37disclose the conviction in response to any direct question contained
38in any questionnaire or application for public office, for licensure
P3 1by any state or local agency, or for contracting with the California
2State Lottery Commission.
3(3) Dismissal of an accusation or information pursuant to this
4section does not permit a person to own, possess, or have in his or
5her custody or control
any firearm or prevent his or her conviction
6under Chapter 2 (commencing with Section 29800) of Division 9
7of Title 4 of Part 6.
8(4) Dismissal of an accusation or information underlying a
9conviction pursuant to this section does not permit a person
10prohibited from holding public office as a result of that conviction
11to hold public office.
12(c) This section applies to any conviction specified in
13subdivision (a) that occurred before or after January 1, 2014.
14(d) A person who petitions for a change of plea or setting aside
15of a verdict under this section may be required to reimburse the
16court for the actual costs of services rendered, whether or not the
17petition is granted and the records are sealed or expunged, at a rate
18to be determined by the court not to exceed one hundred fifty
19dollars ($150), and to reimburse the
county for the actual costs of
20services rendered, whether or not the petition is granted and the
21records are sealed or expunged, at a rate to be determined by the
22county board of supervisors not to exceed one hundred fifty dollars
23($150), and to reimburse any city for the actual costs of services
24rendered, whether or not the petition is granted and the records are
25sealed or expunged, at a rate to be determined by the city council
26not to exceed one hundred fifty dollars ($150). Ability to make
27this reimbursement shall be determined by the court using the
28standards set forth in paragraph (2) of subdivision (g) of Section
29987.8 and shall not be a prerequisite to a person’s eligibility under
30this section. The court may order reimbursement in any case in
31which the petitioner appears to have the ability to pay, without
32undue hardship, all or any portion of the costs for services
33established pursuant to this subdivision.
34(e) (1) Relief shall not be granted under this section unless the
35prosecuting attorney has been given 15 days’ notice of the petition
36for relief. The probation officer shall notify the prosecuting attorney
37when a petition is filed, pursuant to this section.
38(2) It shall be presumed that the prosecuting attorney has
39received notice if proof of service is filed with the court.
P4 1(f) If, after receiving notice pursuant to subdivision (e), the
2prosecuting attorney fails to appear and object to a petition for
3dismissal, the prosecuting attorney may not move to set aside or
4otherwise appeal the grant of that petition.
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