BILL NUMBER: AB 2068	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010
	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, 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.
    The bill would make this relief unavailable for convictions of
specified sex offenses that apply if the victim is a child 14 or 15
years of age or a dependent person. This bill would authorize the
court, in its discretion and in the interests of justice, to afford a
defendant that relief as to other charges to which these provisions
apply if, after a lapse of one year from the date of pronouncement of
judgment, the defendant has fully complied with his or her sentence,
is not currently serving a sentence for any offense, and is not
under charge of commission of any crime.
   This bill would change an obsolete cross-reference that determines
which misdemeanors are exempt from dismissal and relief pursuant to
these provisions.
   This bill would incorporate additional changes in Section 1203.4a
of the Penal Code made by AB 2582 that would become operative if both
bills are enacted and this bill is chaptered last.


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, 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.
   (b) 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 grant the relief available pursuant to this section to a
defendant convicted of a misdemeanor and not granted probation 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.
    (c) 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.
   (d) Subdivision (a) does not apply to a misdemeanor violation of
subdivision (c) of Section 288, or to any misdemeanor falling within
the provisions of Section 42002.1 of the Vehicle Code, or to any
infraction.
   (e) 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.
   (f) 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.
  SEC. 2.  Section 1203.4a of the Penal Code is amended to read:
   1203.4a.  (a) Every defendant convicted of a misdemeanor and not
granted probation and every defendant convicted of an infraction,
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, except as
provided in Section 12021.1 of this code or Section 13555 of the
Vehicle Code.
   (b) 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 grant the relief available pursuant to this section to a
defendant convicted of a misdemeanor and not granted probation 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.
   (c) 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.
   (d) Subdivision (a) does not apply to a misdemeanor violation of
subdivision (c) of Section 288, or to any misdemeanor falling within
the provisions of Section 42002.1 of the Vehicle Code, or to any
infraction falling within the provisions of Section 42001 of the
Vehicle Code.
    (e) 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.
   (f) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
    (g) 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.
  SEC. 3.  Section 2 of this bill incorporates amendments to Section
1203.4a of the Penal Code proposed by both this bill and AB 2582. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2010, (2) each bill amends Section
1203.4a of the Penal Code, and (3) this bill is enacted after AB
2582, in which case Section 1 of this bill shall not become
operative.