BILL ANALYSIS
AB 337
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 337 (Torres) - As Introduced: February 18, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires courts to provide every person who has
reached 18 years of age and, who is eligible to have his or her
records sealed, written notification explaining that person's
right to have his or her records sealed.
FISCAL EFFECT
Significant one-time costs, potentially in excess of $10
million, to the state trial courts and county probation
departments to identify all past and present juvenile cases in
which the defendant would be 18 or older, review these cases for
eligibility, locate the individuals, provide notification, and
finally, seal records. The Administrative Office of the Courts
estimates there have been more than 2.5 million filings with
dispositions since 1977, and estimates future annual filings in
the range of 100,000.
Ongoing costs would be less, but significant, likely in the
range of $1 million.
COMMENTS
1)Rationale . The author contends the courts should take more
explicit action to make it clear to young people that they may
seek to have their juvenile records sealed and destroyed.
According to the author, "Although minor offenses can legally
be sealed under current law, many youth and young people do
not understand their rights, and do not understand the process
they must undertake to file a petition in court and ask for
AB 337
Page 2
relief. This is especially true for youth who have no guiding
adult, mentor or caretaker in their lives to assist them, many
of whom emancipated out of the foster care system."
2)Current law generally requires juvenile court records to be
destroyed when the person of record reaches the age of 38
unless good cause is shown for maintaining those records. The
person of record may also petition to destroy records retained
by other agencies. The request shall be granted unless good
cause is shown for retention of the records. When records are
destroyed under this section, the proceedings shall be deemed
to have never occurred.
To seal a juvenile court record, a petition must be filed by
either the subject or the probation department. Juvenile court
jurisdiction must have lapsed five years previously or the
person must be age 18. Records are not sealed if the person of
record has been convicted of a felony or a misdemeanor
involving moral turpitude. No offenses listed in WIC Section
707(b) (the serious offense list) may be sealed if the
juvenile was 14 years age or older if at the time of the
offense. Additionally, there can be no pending civil
litigation involving the incident.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081