AB 1756, as introduced, Skinner. Court records: sealing and destruction.
(1) Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified.
This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services.
(2) Existing law authorizes, except as specified, in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law authorizes the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age.
Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the person himself or herself if he or she is an adult, or the estates of those persons, unless indigent, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified.
This bill would only require persons 26 years of age or older who petitions for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered.
(3) By permitting certain persons to receive services from local agencies free of charge, the bill would increase the level of service provided by those local agencies, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1203.45 of the Penal Code is amended
2to read:
(a) In a case in which a person was underbegin delete the age ofend delete
4 18 yearsbegin insert of ageend insert at the time of commission of a misdemeanor and
P3 1is eligible for, or has previously received, the relief provided by
2Section 1203.4 or 1203.4a, that person, in a proceeding under
3Section 1203.4 or 1203.4a, or a separate proceeding, may petition
4the court for an order sealing the record of conviction and other
5official records in the case, including records of arrests resulting
6in the criminal proceeding and records relating to other offenses
7charged in the accusatory pleading, whether defendant was
8acquitted or charges were dismissed. If the court finds that the
9person was
underbegin delete the age ofend delete
18begin insert years of ageend insert at the time of the
10commission of the misdemeanor, and is eligible for relief under
11Section 1203.4 or 1203.4a or has previously received that relief,
12it may issue its order granting the relief prayed for. Thereafter the
13conviction, arrest, or other proceeding shall be deemed not to have
14occurred, and the petitioner may answer accordingly any question
15relating to their occurrence.
16(b) This section applies to convictions that occurred before, as
17well as those that occur after, the effective date of this section.
18(c) This section shall not apply to offenses for which registration
19is required under Section 290, to violations of Division 10
20(commencing with Section 11000) of the Health and Safety Code,
21or to misdemeanor violations of the Vehicle Code
relating to
22operation of a vehicle or of a local ordinance relating to operation,
23standing, stopping, or parking of a motor vehicle.
24(d) This section does not apply to a person convicted of more
25than one offense, whether the second or additional convictions
26occurred in the same action in which the conviction as to which
27relief is sought occurred or in another action, except in the
28following cases:
29(1) One of the offenses includes the other or others.
30(2) The other conviction or convictions were for the following:
31(A) Misdemeanor violations of Chapters 1 (commencing with
32Section 21000) to 9 (commencing with Section 22500), inclusive,
33Chapter 12 (commencing with Section 23100), or Chapter 13
34(commencing with Section 23250) of Division 11 of the Vehicle
35
Code, other than Section 23103, 23104, 23105, 23152, 23153, or
3623220.
37(B) Violation of a local ordinance relating to the operation,
38stopping, standing, or parking of a motor vehicle.
39(3) The other conviction or convictions consisted of any
40combination of paragraphs (1) and (2).
P4 1(e) This section shall apply in a case in which a person was
2underbegin delete the age ofend delete 21begin insert years of ageend insert at the time of the commission of
3an offense as to which this section is made applicable if that offense
4was committed prior to March 7, 1973.
5(f) In an action or proceeding based upon defamation, a
court,
6upon a showing of good cause, may order the records sealed under
7this section to be opened and admitted into evidence. The records
8shall be confidential and shall be available for inspection only by
9the court, jury, parties, counsel for the parties, and any other person
10who is authorized by the court to inspect them. Upon the judgment
11in the action or proceeding becoming final, the court shall order
12the records sealed.
13(g) A person whobegin insert is 26 years of age or older andend insert petitions for
14an order sealing a record under this section may be required to
15reimburse the court for the actual cost of services rendered, whether
16or not the petition is granted and the records are sealed or
17expunged, at a rate to be determined by the court, not to exceed
18one hundred fifty dollars ($150), and to reimburse the county for
19the actual cost of services
rendered, whether or not the petition is
20granted and the records are sealed or expunged, at a rate to be
21determined by the county board of supervisors, not to exceed one
22hundred fifty dollars ($150), and to reimburse any city for the
23actual cost of services rendered, whether or not the petition is
24granted and the records are sealed or expunged, at a rate to be
25determined by the city council, not to exceed one hundred fifty
26dollars ($150). Ability to make this reimbursement shall be
27determined by the court using the standards set forth in paragraph
28(2) of subdivision (g) of Section 987.8 and shall not be a
29prerequisite to a person’s eligibility under this section. The court
30may order reimbursement in a case in which the petitioner appears
31to have the ability to pay, without undue hardship, all or any portion
32of the cost for services established pursuant to this subdivision.
Section 903.3 of the Welfare and Institutions Code is
34amended to read:
(a) begin deleteThe father, mother, spouse, or other person liable begin insertA person who
36for the support of a minor person, the person himself or herself if
37he or she is an adult, or the estates of those persons end delete
38is 26 years of age or older end insertshall, unless indigent, be liable for the
39cost to the county and court for any investigation related to the
40sealing and for the sealing of any juvenile court or arrest records
P5 1pursuant to Section 781 pertaining to that person.begin delete The liability of
2those persons and estates shall be a joint and several liability.end delete
3(b) In the event a petition is filed for an order sealing a record,
4begin delete the father, mother, spouse, or other person liable for the support begin insert a person who is 26 years of age or olderend insert may be required
5of a minor, that person if he or she is an adult, or the estate of that
6person,end delete
7to reimburse the county and court for the actual cost of services
8rendered, whether or not the petition is granted and the records are
9sealed or expunged, at a rate to be determined by the county board
10of supervisors for the county and by the court for the court, not to
11exceed one hundred fifty dollars ($150). Ability to make this
12reimbursement shall be determined by the court using the standards
13set forth in paragraph (2) of subdivision (g) of Section 987.8begin insert
of
14the Penal Codeend insert and shall not be a prerequisite to a person’s
15eligibility under this section. The court may order reimbursement
16in any case in which the petitioner appears to have the ability to
17pay, without undue hardship, all or any portion of the cost for
18services.
19(c) Notwithstanding subdivision (a), the father, mother, spouse,
20or other person liable for the support of the minor, the person
21himself or herself if he or she is an adult, the estate of that person,
22or the estate of the minor, shall not be liable for the costs described
23in this section if a petition to declare the minor a dependent child
24of the court pursuant to Section 300 is dismissed at or before the
25jurisdictional hearing.
26(d) Any determination of amount made by a court under this
27section shall be valid only if either (1) made under procedures
28adopted by the Judicial
Council or (2) approved by the Judicial
29Council.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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