BILL ANALYSIS Ó AB 651 Page 1 ASSEMBLY THIRD READING AB 651 (Bradford) As Introduced February 21, 2013 Majority vote PUBLIC SAFETY 4-2 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, | | | | |Mitchell Quirk | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez, Waldron | | | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes a court, in its discretion and in the interests of justice, to grant expungement relief for a conviction of a petitioner sentenced to county jail pursuant to criminal justice realignment if specified conditions are satisfied. Specifically, this bill : 1)Applies to petitioners seeking to dismiss a conviction for a nonserious, nonviolent, or nonsexual offense for which he or she was sentenced to county jail pursuant to criminal justice realignment for his or her full sentence or for all but a concluding portion of his or her term during which time he or she is subject to mandatory supervision. 2)Provides that the court, in its discretion and in the interests of justice, may grant the expungement relief only after the lapse of one year following the petitioner's completion of the sentence, provided that the petitioner is not under post-release community supervision pursuant to realignment or is not serving a sentence for, on probation for, or charged with the commission of any offense. 3)Provides that in any subsequent prosecution of the petitioner for any offense, a conviction dismissed pursuant to the relief provided for by this bill shall have the same effect as if it had not been dismissed. 4)Provides that a conviction dismissed by the relief provided for by this bill does not relieve the petitioner of the obligation to disclose the conviction in response to any AB 651 Page 2 direct question contained in any questionnaire or application for public office, for any state or local license, or for contracting with the California State Lottery Commission. 5)Provides that the expungement relief of a conviction does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction for such ownership or possession. 6)Provides that the expungement relief does not permit a person prohibited from holding public office as a result of the dismissed conviction to hold public office. 7)Prevents the court from granting the expungement relief unless the prosecuting attorney has been given 15 days' notice of the petition. EXISTING LAW : 1)Provides that any defendant who has not been convicted in the current or a prior case of one of a specified class of felonies shall be sentenced to a term of imprisonment in the county jail for a term of 16 months, two or three years, or the term provided in the crime of conviction. 2)Provides that a defendant currently or previously convicted of any the following felonies are excluded from a jail sentence and must serve any felony sentence in prison: a) A "serious felony" as defined; b) A "violent felony" as defined; c) A felony for which sex offender registration is required; or, d) A felony offense where an excessive taking or loss enhancement has been pleaded and proven. 3)Authorizes a court to grant expungement relief, with specified exceptions, for a misdemeanor or felony conviction for which AB 651 Page 3 the sentence included a period of probation if the petitioner is not serving a sentence for, on probation for, or charged with the commission of any offense. 4)Authorizes a court to grant expungement relief, with specified exceptions, for a misdemeanor conviction for which the sentence did not include a period of probation or for an infraction conviction if the petitioner is not serving a sentence for, on probation for, or charged with the commission of any offense. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "AB 651 creates a process of 'expungement'- modeled on an existing California statute - for people who have successfully completed supervision, paid restitution, and are able to demonstrate a commitment to reentry. This process is similar to one already available to individuals who successfully complete felony probation, and does not mean that the conviction is removed from a person's record. "A felony conviction on a person's record will often create significant barriers to reentry. Even one conviction for a felony drug possession may prevent a person from finding a job or securing stable housing. Today, background checks by landlords and employers have become nearly universal. A recent survey by the Society of Human Resources found that over ninety percent (90%) of employers conduct background checks. "With the prevalence of background checks, even a decades-old conviction can be a barrier to employment and housing. AB 651 affords the possibility of a fresh start for those sentenced under the Realignment law - giving people committed to successful reentry a chance to clean up their record and receive a meaningful second chance. "AB 651 promotes public safety and economic stability by allowing people who have demonstrated a commitment to success, and have remained crime-free for at least one year, a meaningful chance to clean up their record." Please see the policy committee analysis for a full discussion of this bill. AB 651 Page 4 Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744 FN: 0000069