BILL NUMBER: AB 2068	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2010

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 18, 2010

   An act to amend Section 1203.4a of the Penal Code, relating to
expungement standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2068, as amended, Hill. Expungement standards.
   Existing law, subject to exceptions, provides that every defendant
convicted of a misdemeanor and not granted probation shall, at any
time after the lapse of one year from the date of pronouncement of
judgment, if he or she has fully complied with and performed the
sentence of the court, is not then serving a sentence for any offense
and is not under charge of commission of any crime and has, since
the pronouncement of judgment, lived an honest and upright life and
has conformed to and obeyed the laws of the land, be permitted by the
court to withdraw his or her plea of guilty or nolo contendere and
enter a plea of not guilty, or if he or she has been convicted after
a plea of not guilty, the court shall set aside the verdict of
guilty, and in either case the court shall thereupon dismiss the
accusatory pleading against the defendant, who shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted, as specified.
   This bill would also authorize the court to afford a defendant
that relief, if  , after a lapse of one year from the date of
pronouncement of judgment,  the court, in its discretion and in
the interests of justice, determines that the defendant  who is
otherwise eligible for the relief,  should be granted the relief
available under those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.4a of the Penal Code is amended to read:
   1203.4a.  (a) Every defendant convicted of a misdemeanor and not
granted probation shall, at any time after the lapse of one year from
the date of pronouncement of judgment, if he or she has fully
complied with and performed the sentence of the court, is not then
serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to  and
obeyed the laws of the land, or a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, be permitted by the
  and obeyed the laws of the land, be permitted by the
 court to withdraw his or her plea of guilty or nolo contendere
and enter a plea of not guilty; or if he or she has been convicted
after a plea of not guilty, the court shall set aside the verdict of
guilty; and in either case the court shall thereupon dismiss the
accusatory pleading against the defendant, who shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted, except as provided in
Section 12021.1 of this code or Section 13555 of the Vehicle Code.
 After a lapse of one year from the date of pronouncement of
judgment, a court, in its discretion and in the interests of justice,
may determine that a defendant who is otherwise eligible for the
relief available under this section, should be granted relief under
this section.  The defendant shall be informed of the provisions
of this section, either orally or in writing, at the time he or she
is sentenced. The defendant may make an application and change of
plea in person or by attorney, or by the probation officer authorized
in writing; provided, that in any subsequent prosecution of the
defendant for any other offense, the prior conviction may be pleaded
and proved and shall have the same effect as if relief had not been
granted pursuant to this section.
   This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
   (b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of subdivision (b) of Section 42001 of the
Vehicle Code, or to any infraction.
   (c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 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 established
pursuant to this subdivision.
   (d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.