Amended in Senate September 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 651


Introduced by Assembly Member Bradford

February 21, 2013


An act to add Section 1203.41 to the Penal Code, relating to convictions.

LEGISLATIVE COUNSEL’S DIGEST

AB 651, as amended, 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 onebegin delete yearend deletebegin insert or 2 yearsend insert following the defendant’s completion of the sentence,begin insert as specified,end insert 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:

P2    1

SECTION 1.  

Section 1203.41 is added to the Penal Code, to
2read:

3

1203.41.  

(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 followingbegin insert theend insert defendant’s completion
18of the sentence,begin delete provided thatend deletebegin insert if the sentence was imposed pursuant
19to subparagraph (B) of paragraph (5) of subdivision (h) of Section
201170, or after the lapse of two years following the defendant’s
21completion of the sentence, if the sentence was imposed pursuant
22to subparagraph (A) of paragraph (5) of subdivision (h) of Section
231170.end insert

24begin insert(3)end insertbegin insertend insertbegin insertThe relief available under this section may be granted only
25ifend insert
the defendant is not under supervision pursuant to subparagraph
26(B) of paragraph (5)begin insert of subdivision (h)end insert of Section 1170, and is not
27serving a sentence for, on probation for, or charged with the
28commission of any offense.

begin delete

29(3)

end delete

30begin insert(4)end insert The defendant shall be informed, either orally or in writing,
31of the provisions of this section and of his or her right, if any, to
32petition for a certificate of rehabilitation and pardon at the time he
33or she is sentenced.

begin delete

34(4)

end delete

35begin insert(5)end insert The defendant may make the application and change of plea
36in person or by attorney, or by a probation officer authorized in
37writing.

P3    1(b) Relief granted pursuant to subdivision (a) is subject to the
2following conditions:

3(1) In any subsequent prosecution of the defendant for any other
4offense, the prior conviction may be pleaded and proved and shall
5have the same effect as if the accusation or information had not
6been dismissed.

7(2) The order shall state, and the defendant shall be informed,
8that the order does not relieve him or her of the obligation to
9disclose the conviction in response to any direct question contained
10in any questionnaire or application for public office, for licensure
11by any state or local agency, or for contracting with the California
12State Lottery Commission.

13(3) Dismissal of an accusation or information pursuant to this
14section does not permit a person to own, possess, or have in his or
15her custody or control any firearm or prevent his or her conviction
16under Chapter 2 (commencing with Section 29800) of Division 9
17of Title 4 of Part 6.

18(4) Dismissal of an accusation or information underlying a
19conviction pursuant to this section does not permit a person
20prohibited from holding public office as a result of that conviction
21to hold public office.

22(c) This section applies to any conviction specified in
23subdivision (a) that occurred beforebegin insert, on,end insert or after January 1, 2014.

24(d) A person who petitions for a change of plea or setting aside
25of a verdict under this section may be required to reimburse the
26court for the actual costs of services rendered, whether or not the
27petition is granted and the records are sealed or expunged, at a rate
28to be determined by the court not to exceed one hundred fifty
29dollars ($150), and to reimburse the county for the actual costs of
30services rendered, whether or not the petition is granted and the
31records are sealed or expunged, at a rate to be determined by the
32county board of supervisors not to exceed one hundred fifty dollars
33($150), and to reimburse any city for the actual costs of services
34rendered, whether or not the petition is granted and the records are
35sealed or expunged, at a rate to be determined by the city council
36not to exceed one hundred fifty dollars ($150). Ability to make
37this reimbursement shall be determined by the court using the
38standards set forth in paragraph (2) of subdivision (g) of Section
39987.8 and shall not be a prerequisite to a person’s eligibility under
40this section. The court may order reimbursement in any case in
P4    1which the petitioner appears to have the ability to pay, without
2 undue hardship, all or any portion of the costs for services
3established pursuant to this subdivision.

4(e) (1) Relief shall not be granted under this section unless the
5prosecuting attorney has been given 15 days’ notice of the petition
6for relief. The probation officer shall notify the prosecuting attorney
7when a petition is filed, pursuant to this section.

8(2) It shall be presumed that the prosecuting attorney has
9received notice if proof of service is filed with the court.

10(f) If, after receiving notice pursuant to subdivision (e), the
11prosecuting attorney fails to appear and object to a petition for
12dismissal, the prosecuting attorney may not move to set aside or
13otherwise appeal the grant of that petition.



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