BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 651
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          ASSEMBLY THIRD READING
          AB 651 (Bradford)
          As Introduced  February 21, 2013
          Majority vote 

           PUBLIC SAFETY       4-2                                         
           
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          |Ayes:|Ammiano, Jones-Sawyer,    |     |                          |
          |     |Mitchell Quirk            |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Melendez, Waldron         |     |                          |
          |     |                          |     |                          |
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           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  








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            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  








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            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.








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           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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