BILL ANALYSIS
AB 2582
Page 1
ASSEMBLY THIRD READING
AB 2582 (Adams)
As Amended May 5, 2010
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, Skinner | | |
| | | | |
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SUMMARY : Authorizes the court to expunge a former conviction
for a non-vehicular infraction. Specifically, this bill :
1)Provides that a court can determine that a defendant convicted
of a non-vehicular infraction should be granted expungement
relief after the lapse of one year from the date of
pronouncement of the judgment.
2)Requires that a petition for dismissal of an infraction be by
written declaration, except upon a showing of compelling need,
and that the prosecuting attorney be given 15-days' notice of
the petition. It will be presumed that the prosecuting
attorney has received notice if proof of service is filed with
the court.
EXISTING LAW :
1)States 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
AB 2582
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which he or she has been convicted.
2)States that an order of dismissal does not relieve him or her
of the obligation to disclose the conviction in response to
any questions contained in any questionnaire or application
for public office, or for licensure for any state or local
agency.
3)Provides that, despite the accusatory pleading having been
dismissed, in any other 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
probation had not been granted or the accusation or
information dismissed.
FISCAL EFFECT : None
COMMENTS : According to the author, "A criminal record can be a
huge impediment to anyone seeking a job. Existing law partially
addresses this issue by permitting a person convicted of a
non-vehicular misdemeanor, and who has maintained a perfectly
clean record for at least a year, to petition the court to have
the conviction removed from his or her record. However,
existing law does not permit a person convicted of a
non-vehicular infraction to clear his or her record in the same
way, even though such a conviction will show up in a criminal
history background check and some infractions- such as
disturbing the peace, fighting in public, attempt to purchase
alcohol by a minor, and driving without a license - can appear
serious enough to keep the individual from getting the job.
"AB 2582 will permit persons convicted on non-vehicular
infractions to petition the court to have the convictions
removed from their record, under exactly the same conditions and
in exactly the same manner as misdemeanor convictions, thereby
removing this impediment from their efforts to obtain gainful
employment."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744
AB 2582
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FN: 0004364