BILL ANALYSIS Ó
SB 504
Page 1
Date of Hearing: June 30, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
504 (Lara) - As Amended June 1, 2015
SUMMARY: Provides that only a person 26 years of age or older
may be charged a fee for petitioning the court for an order
sealing his or her record. Specifically, this bill:
1)Prohibits an unfulfilled order of restitution that has been
converted to a civil judgment from barring the sealing of a
record pursuant to provisions of law related to sealing of
juvenile records.
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2)States that outstanding restitution fines and court-ordered
fees shall not be considered when assessing whether a
petitioner's rehabilitation has been attained to the
satisfaction of the court and shall not be a bar to sealing a
record.
3)Recasts provisions within the existing statute into new
subdivisions.
EXISTING LAW:
1)States that a person who petitions for an order sealing a
juvenile misdemeanor record may be required to reimburse the
court for the actual cost of services rendered, whether or not
the petition is granted and the records are sealed or
expunged, at a rate to be determined by the court, not to
exceed $150, and to reimburse any county for the actual cost
of services rendered, whether or not the petition is granted,
at a rate to be determined by the county board of supervisors,
not to exceed $150, and to reimburse any city for the actual
cost of services rendered, whether or not the petition is
granted, at a rate to be determined by the city council, not
to exceed $150. (Pen. Code, § 1203.45, sub. (g).)
2)Provides in the event a petition is filed for an order sealing
a record, the father, mother, spouse, or other person liable
for the support of a minor, that person if he or she is an
adult, or the estate of that person, may be required to
reimburse the county and court for the actual cost of services
rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by
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the county board of supervisors for the county and by the
court for the court, not to exceed $150. Ability to make this
reimbursement shall be determined by the court and shall not
be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in
which the petitioner appears to have the ability to pay,
without undue hardship, all or any portion of the cost for
services. (Welf. & Inst. Code, § 903.3, subd. (b).
3)States that any person who was under the age of 18 when he or
she was arrested for a misdemeanor, may petition the court in
which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances. (Pen. Code, § 851.7.)
FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: According to the author, "SB 504, The
Starting Over Strong Initiative, offers us a chance to improve
economic opportunities for youth by removing the juvenile
expungement fee. In California, we have youth who have served
their time for minor misdemeanors and are now ready to turn
their lives around. This bill gives youth an opportunity to
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succeed and become responsible, law abiding citizens, which is
the ultimate goal of our corrections and rehabilitation
system."
2)Background: According to the background materials provided by
the author's office, "Under current law, the records-sealing
fee serves as an obstacle for a youth's successful reentry.
Adjudicated youth who seek to clear their records must pay
$150 to petition the court to seal his or her records. Filing
the petition is a risk, because payment does not guarantee
expungement, yet many of these youth have minor misdemeanors
and will be eligible for expungement.
"The current law is cost-prohibitive and counterintuitive.
Without sealed records, these youth will have limited
opportunities and will likely recidivate. When employers and
landlords conduct background checks on applicants, a juvenile
record can be used as a basis for a denial. Sealing records is
the best way to ensure that these youth's past mistakes do not
continuously hinder their future opportunities. As long as the
fee remains as an obstacle to these youth's rehabilitation,
record sealing is an ineffective tool.
"SB 504 has the potential to create significant economic
benefits once record sealing is more accessible to youth. As
adjudicated youth are able to expunge their records they also
have increased chances of getting employed and securing
housing. Employment offers these youth a chance to contribute
as taxpaying citizens in the state thus reducing their chances
of recidivism and further decreasing the potential costs of
incarceration."
3)Sealing and Destruction of Records: Minors adjudicated
delinquent in juvenile court proceedings may petition the
court to have their records sealed unless they were found to
have committed certain serious offenses. (Welf. & Inst. Code,
§ 781.) A person may have his or her juvenile court records
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sealed by petitioning the court "five years or more after the
jurisdiction of the juvenile court has terminated over [the]
person adjudged a ward of the court or after [the] minor
appeared before a probation officer, or, in any case, at any
time after the person has reached the age of 18." (Welf. &
Inst. Code, § 781, subd. (a).) Once the court has ordered the
records sealed, the proceedings in the case shall be deemed
never to have occurred, and the person may properly reply
accordingly to any inquiry about the events. (Ibid.) The
relief consists of sealing all of the records related to the
case, including the arrest record, court records, entries on
dockets, and any other papers and exhibits. The court must
send a copy of the order to each agency and official named in
the petition for sealing records, directing the agency to seal
its records and stating the date thereafter to destroy the
sealed records. (Ibid.) For minors who are convicted of a
misdemeanor in adult court, Penal Code Section 1203.45
authorizes sealing of such records.
Current statutes provide that a parent, spouse, or other
person liable for the support of a minor person, the minor
when he or she becomes an adult, or the estates of those
persons, is liable for the cost to the county and court for
any investigation related to the sealing and for the sealing
of any juvenile court or arrest records. This bill would limit
the existing fees for petitioning the court to seal records to
persons 26 years of age or older. This bill would also
specify that an unfulfilled order of restitution that has been
converted to a civil judgment or outstanding restitution fines
and court-ordered fees shall not be a bar to sealing a record.
4)Argument in Support: According to Legal Services for
Prisoners with Children, the sponsor of this bill, "Juvenile
records can create barriers to employment and housing for
young people. An unsealed juvenile record can appear on a
background checks and lead to an unfairly adverse employment
or housing decision. Without stable employment and housing,
there is a higher chance that young people will recidivate and
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become involved in the adult criminal justice system.
"Current law allows counties to charge young people up to $150
for sealing their juvenile record; a prohibitively expensive
cost for California's poor youth. An inability to access the
juvenile record remedy can result in an inability to access
stable employment and housing.
"SB 504 makes the record sealing process more affordable for
one of our state's most vulnerable populations-its youth. This
fee, as currently imposed, does not generate substantial
revenue, and, even if it did, we should use this opportunity
to invest in and support our youth instead of saddling them
with additional financial burden. By eliminating the fee for
record sealing for youth under the age of twenty-six, SB 504
will increase public safety and reduce recidivism."
5)Argument in Opposition: According to the California District
Attorneys Association, "Of particular concern is the language
providing that outstanding restitution shall not be a bar to
having a record sealed. Making restitution is a critical
aspect of the rehabilitation process, both for offenders and
crime victims. Prohibiting the court from considering whether
the juvenile offender has satisfied his or her restitution
requirements provides a skewed perspective on their
rehabilitative efforts, and asks the court to make a record
sealing determination with only partial information."
6)Related Legislation:
a) AB 666 (Stone) requires records in the custody of law
enforcement agencies, the probation department, or any
other public agency having records pertaining to the case,
to also be sealed, in a case where a court has ordered a
juvenile's records to be sealed, as specified. AB 666 is
pending hearing by the Senate Committee on Public Safety.
b) AB 989 (Cooper) would authorize the district attorney
and probation department to access sealed juvenile records
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for limited purposes. AB 989 is pending hearing by the
Senate Committee on Public Safety.
7)Prior Legislation:
a) AB 1756 (Skinner), of the 2013-2014 Legislative Session,
would have provided that only a person 26 years of age or
older may be charged a fee for petitioning the court for an
order sealing his or her record. AB 1756 was held in the
Senate Committee on Appropriations' Suspense File.
b) SB 1038 (Leno), Chapter 249, Statutes of 2014, provides
for the automatic dismissal of juvenile petitions and
sealing of records when a juvenile offender successfully
completes probation.
c) AB 1006 (Yamada), Chapter 269, Statute of 2013,
requires, on and after January 1, 2015, courts and
probation departments, to ensure information regarding the
potential sealing of juvenile court records is provided to
minors in juvenile proceedings, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
Legal Services for Prisoners with Children (Sponsor)
East Bay Community Law Center (Co-Sponsor)
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Youth Justice Coalition (Co-Sponsor)
A New Way of Life Re-Entry Project
Alameda County Board of Supervisors
All of Us or None of Us
Alliance for Boys and Men of Color
American Civil Liberties Union of California
American Friends Service Committee
Asian Americans Advancing Justice - Los Angeles
Asian Americans Advancing Justice - Sacramento
At the Crossroads
Berkeley Youth Alternatives
California Coalition of Women Prisoners
Californians for Safety and Justice
Californians United for a Responsible Budget
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Center on Juvenile and Criminal Justice
Children's Defense Fund - California
City of Richmond
City of Union City
Coalition for Police Accountability
Community Works' Project WHAT!
Courage Campaign
Dignity & Power Now
Drug Policy Alliance
Ella Baker Center for Human Rights
Fair Chance Project
Free Indeed Reentry Project
Friends Committee on Legislation of California
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Jeff Adachi, San Francisco Public Defender
Justice Now
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Los Angeles Area Chamber of Commerce
Justice Now
National Association of Social Workers, California Chapter
National Center for Lesbian Rights
National Center for Youth Law
National Employment Law Project
PolicyLink
Root & Rebound
RYSE Youth Center
Starting Over Inc.
Urban Peace Movement
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Violence Prevention Coalition of Greater Los Angeles
W. Hayward Burns Institute
Youth Law Center
Opposition
California District Attorneys Association
Analysis Prepared by:Stella Choe / PUB. S. / (916)
319-3744