BILL ANALYSIS
AB 245
Page 1
ASSEMBLY THIRD READING
AB 245 (Ma)
As Amended June 1, 2009
Majority vote
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 14-3
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Ammiano, Charles |
| |Conway, Hernandez, | |Calderon, Davis, Fuentes, |
| |Niello, John A. Perez, | |Hall, Miller, |
| |Price, Ruskin, Smyth | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
| | |Nays:|Nielsen, Duvall, Harkey |
| | | | |
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SUMMARY : Requires the Medical Board of California (MBC) to
remove an expunged misdemeanor or felony conviction within 90
days of receiving notice of the expungement.
EXISTING LAW under the Medical Practice Act:
1)Provides for the licensure and regulation of physicians and
surgeons by the MBC.
2)Requires the MBC to post certain information on the Internet
regarding licensed physicians and surgeons, including, but not
limited to felony convictions, certain misdemeanor
convictions, and whether the licensees are in good standing.
3)Requires that certain information remain posted for 10 years
and prohibits the removal of certain other information.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual fee-supported special fund costs of $800,000
to $1 million to support the MBC staffing and follow-up needed
to meet the requirements of this bill.
COMMENTS : California, like most states, permits certain
AB 245
Page 2
offenders to expunge their criminal records. California Penal
Code Section 1203.4 provides the most common expungement relief.
Under this section, an individual granted relief is released
from penalties and disabilities resulting from conviction in any
case in which the person has successfully completed probation.
The individual may, for some purposes, treat the arrest and all
subsequent proceedings as though they never occurred.
Technically, what occurs when an individual expunges his record
is his conviction or guilty plea is set aside by a judge, a plea
of not-guilty is entered, and the conviction is dismissed. The
statute allows misdemeanor and felony convictions to be expunged
if the defendant was only given a sentence of probation, rather
than state imprisonment.
Although there is no timing requirement, the MBC asserts that
they do remove expunged misdemeanor or felony convictions upon
notification and verification.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0001302