BILL ANALYSIS Ó
AB 651
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CONCURRENCE IN SENATE AMENDMENTS
AB 651 (Bradford)
As Amended September 3, 2031
Majority vote
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|ASSEMBLY: |42-32|(May 9, 2013) |SENATE: |21-16|(September 9, |
| | | | | |2013) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments extend the waiting period to petition for
the expungement relief from one year to two years following the
petitioner's completion of the sentence for specified offenses
and make technical clarifying changes.
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
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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
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Applied 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)Provided 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)Provided 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)Provided 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
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)Provided that the expungement relief of a conviction does not
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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)Provided 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)Prevented the court from granting the expungement relief
unless the prosecuting attorney has been given 15 days' notice
of the petition.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potential future court costs in the range of $544,000 to $1.1
million (General Fund*) per year for additional petitions for
dismissal. To the extent full reimbursement of $150 is
received for all petitions, annual costs would range from
$325,000 to $650,000 (General Fund). This estimate assumes
petitions for 5% to 10% of annual sentences pursuant to Penal
Code Section 1170(h) at a cost of $375 per 45-minute hearing.
2)Annual costs to DOJ of less than $50,000 (General Fund) to
receive and process a larger number of record expungement
orders.
*Trial Court Trust Fund
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.
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"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.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0002358