BILL ANALYSIS �
AB 2263
Page 1
ASSEMBLY THIRD READING
AB 2263 (Bradford)
As Amended May 2, 2012
Majority vote
PUBLIC SAFETY 4-2
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|Ayes:|Ammiano, Cedillo, | | |
| |Mitchell, Skinner | | |
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|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman | | |
| | | | |
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SUMMARY : Clarifies that the court, in its discretion and in the
interests of justice, may grant expungement relief for a
petitioner sentenced to county jail for all or part of his or
her sentence if the petitioner meets specified conditions.
Specifically, this bill :
1)Applies to defendants sentenced for a nonserious, nonviolent,
or nonsexual offense to county jail for his or her full
sentence or sentenced to county jail for all but a concluding
portion of his or her term during which time the defendant is
subject to mandatory supervision.
2)Requires the defendant to have fulfilled the conditions of
probation for the entire period of probation or to have been
discharged prior to the termination of the period of
probation.
3)Requires that the defendant is not at the time of the petition
serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense.
EXISTING LAW :
1)Provides in any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or
has been discharged prior to the termination of probation, or
in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be
granted relief, the defendant shall, at any time after the
AB 2263
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termination of the period of probation, if he or she is not
then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be
permitted by the court to withdraw his or her plea of guilty
or plea of 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 accusations
or information against the defendant.
2)Provides 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 probation had not
been granted or the accusation or information dismissed.
3)States that an order of dismissal does not relieve the
petitioner 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.
4)Prohibits expungement of the record of conviction for persons
convicted of any misdemeanor relating to a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, specified sex offenses, any felony
conviction for unlawful sexual intercourse with a minor under
the age of 16, or for any infraction.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislation Counsel.
COMMENTS : According to the author, "In this tough economic
downturn, the number of people seeking expungements to clean up
their criminal records has increased significantly; as most job
seekers find past convictions are a significant barrier to
finding employment.
"Job seekers are currently unable to address the problem as
realignment created new categories of lower-level offenses that
are not addressed in existing expungement statutes. AB 2263
will allow a person who is sentenced under the new Realignment
laws--because he/she is convicted of a lower-level felony and
has no prior convictions for serious, violent, or sex
offenses--to petition for expungement after completion of the
AB 2263
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sentence. The court will have discretion to grant the
expungement in the interests of justice."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003522