BILL ANALYSIS
AB 2068
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Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2068 (Hill) - As Introduced: February 18, 2010
Policy Committee: Public
SafetyVote: 4-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the court, in the interest of justice, to
expunge the record for a misdemeanor conviction - after one year
- of a person who has not received probation. (This relief is
similar to that provided to specified misdemeanants and felons
who have received probation under current law, as well as to
misdemeanants who have not received probation and withdraw their
plea or have their plea set aside.)
FISCAL EFFECT
Minor absorbable trial court costs by extending judicial
discretion for expungement to misdemeanants who have not been
given a probation term.
COMMENTS
1)Rationale. The author and proponents note that while current
law provides expungement relief for specified misdemeanants
and felons who have received probation, there is no parallel
provision for misdemeanants who have not received probation.
According to the author, "AB 2068 will give the court
additional discretion to provide expungement to individuals
whose good behavior and reformation are proven. In today's
world, criminal background checks are common when applying for
jobs, housing, and other everyday life transactions. Having a
misdemeanor on a person's record, especially when a person has
been reformed, can make it very difficult for them to be a
productive member of society. This bill will help people get
back on their feet and give them an opportunity to
AB 2068
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successfully reintegrate."
2)Support . According to the sponsor, the East Bay Community Law
Center "The dismissal remedy (also known as an 'expungement')
that is available in California provides evidence of
rehabilitation for employment and licensing purposes and
removes barriers to employment and housing. Currently there is
an inconsistency in California's expungement statutes, [Penal
Code sections] 1203.4 and 1203.4a. Penal Code section 1203.4
(which applies to cases where probation in sentenced) empowers
judges to exercise their discretion to dismiss a conviction
'in the interests of justice.' However, there is no parallel
provision in Penal Code section 1203.4a, which applies to
non-probation misdemeanor cases."
3)Amendments . The author has technical amendments.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081