Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1756

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Brown, Jones-Sawyer, and Weber)

February 14, 2014

An act to amend Section 1203.45 of the Penal Code, and to amend begin delete Section end delete begin insert Sections 781 and end insert 903.3 of the Welfare and Institutions Code, relating to court records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1756, as amended, 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. begin insert Existing law also requires, except as provided, the court to order the juvenile court records sealed pursuant to these provisions destroyed, as specified, and authorizes other agencies in possession of sealed records to destroy the records 5 years after the record was ordered sealed. end insert

begin insert

This bill would instead require a court to, at the time the jurisdiction of the juvenile court has terminated as to the person, order all records, papers, and exhibits in the person’s case in the custody of the juvenile court and other agencies, entities, and officials sealed and destroyed. This bill would retain the prohibition in existing law prohibiting a court from ordering the person’s records sealed in any case in which the person has been found by the juvenile court to have committed any specified offenses when he or she had attained 14 years of age and prohibiting records from being destroyed if the subject of the record is found to be a within the jurisdiction of the juvenile court because of the commission of the same specified offenses when he or she was 14 years of age or older. The bill would, in any case in which a petition is not filed with the court, require the probation department or law enforcement agency to seal all records, as specified, at the time at which the decision was made to not refer the person to the probation department or the district attorney’s office, and to destroy those records when the person who is the subject of the record reaches 18 years of age. The bill would also make conforming changes.

end insert

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 1.  

Section 1203.45 of the Penal Code is amended
to read:

1203.45.  

(a) In a case in which a person was under 18 years
of age at the time of commission of a misdemeanor and is eligible
for, or has previously received, the relief provided by Section
1203.4 or 1203.4a, that person, in a proceeding under Section
1203.4 or 1203.4a, or a separate proceeding, may petition the court
for an order sealing the record of conviction and other official
records in the case, including records of arrests resulting in the
criminal proceeding and records relating to other offenses charged
in the accusatory pleading, whether begin insert the end insert defendant was acquitted
or charges were dismissed. If the court finds that the person was
under 18 years of age at the time of the commission of the
misdemeanor, and is eligible for relief under Section 1203.4 or
1203.4a or has previously received that relief, it may issue its order
granting the relief prayed for. Thereafter the conviction, arrest, or
other proceeding shall be deemed not to have occurred, and the
petitioner may answer accordingly any question relating to their
occurrence.

(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.

(c) This section shall not apply to offenses for which registration
is required under Section 290, to violations of Division 10
(commencing with Section 11000) of the Health and Safety Code,
or to misdemeanor violations of the Vehicle Code relating to
operation of a vehicle or of a local ordinance relating to operation,
standing, stopping, or parking of a motor vehicle.

(d) This section does not apply to a person convicted of more
than one offense, whether the second or additional convictions
occurred in the same action in which the conviction as to which
relief is sought occurred or in another action, except in the
following cases:

(1) One of the offenses includes the other or others.

(2) The other conviction or convictions were for the following:

(A) Misdemeanor violations of Chapters 1 (commencing with
Section 21000) to 9 (commencing with Section 22500), inclusive,
Chapter 12 (commencing with Section 23100), or Chapter 13
(commencing with Section 23250) of Division 11 of the Vehicle
Code, other than Section 23103, 23104, 23105, 23152, 23153, or
23220.

(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.

(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).

(e) This section shall apply in a case in which a person was
under 21 years of age at the time of the commission of an offense
as to which this section is made applicable if that offense was
committed prior to March 7, 1973.

(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under
this section to be opened and admitted into evidence. The records
shall be confidential and shall be available for inspection only by
the court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment
in the action or proceeding becoming final, the court shall order
the records sealed.

(g) A person who is 26 years of age or older and petitions for
an order sealing a record under this section may be required to
reimburse the court for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the court, not to exceed
one hundred fifty dollars ($150), and to reimburse the county for
the actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors, not to exceed one
hundred fifty dollars ($150), and to reimburse any city for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the city council, not to exceed one hundred fifty
dollars ($150). 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 a 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 781 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

begin delete

781.  

(a) In any 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 any case in which a person is cited to appear
before a probation officer or is taken before a probation officer
pursuant to Section 626, or in any case in which a minor is taken
before any officer of a law enforcement agency, the person or the
county probation officer may, five years or more after the
jurisdiction of the juvenile court has terminated as to the person,
or, in a case in which no petition is filed, five years or more after
the person was cited to appear before a probation officer or was
taken before a probation officer pursuant to Section 626 or was
taken before any officer of a law enforcement agency, or, in any
case, at any time after the person has reached the age of 18 years,
the records, including records of arrest, relating to the person’s
case, in the custody of the juvenile court and probation officer and
any other agencies, including law enforcement agencies, and public
officials as the petitioner alleges, in his or her petition, to have
custody of the records. The court shall notify the district attorney
of the county and the county probation officer, if he or she is not
the petitioner, and the district attorney or probation officer or any
of their deputies or any other person having relevant evidence may
testify at the hearing on the petition. If, after hearing, the court
finds that since the termination of jurisdiction or action pursuant
to Section 626, as the case may be, he or she has not been convicted
of a felony or of any misdemeanor involving moral turpitude and
that rehabilitation has been attained to the satisfaction of the court,
it shall order all records, papers, and exhibits in the person’s case
in the custody of the juvenile court sealed, including the juvenile
court record, minute book entries, and entries on dockets, and any
other records relating to the case in the custody of the other
agencies and officials as are named in the order. In any case in
which a ward of the juvenile court is subject to the registration
requirements set forth in Section 290 of the Penal Code, a court,
in ordering the sealing of the juvenile records of the person, also
shall provide in the order that the person is relieved from the
registration requirement and for the destruction of all registration
information in the custody of the Department of Justice and other
agencies and officials. Notwithstanding any other provision of
law, the court shall not order the person’s records sealed in any
case in which the person has been found by the juvenile court to
have committed an offense listed in subdivision (b) of Section 707
when he or she had attained 14 years of age or older. Once the
court has ordered the person’s records sealed, the proceedings in
the case shall be deemed never to have occurred, and the person
may properly reply accordingly to any inquiry about the events,
the records of which are ordered sealed. The court shall send a
copy of the order to each agency and official named therein,
directing the agency to seal its records and stating the date
thereafter to destroy the sealed records. Each such agency and
official shall seal the records in its custody as directed by the order,
shall advise the court of its compliance, and thereupon shall seal
the copy of the court’s order for sealing of records that it, he, or
she received. The person who is the subject of records sealed
pursuant to this section may petition the superior court to permit
inspection of the records by persons named in the petition, and the
superior court may so order. Otherwise, except as provided in
subdivisions (b) and (e), the records shall not be open to inspection.

end delete

begin insert

begin insert 781. end insert   

end insert begin insert

(a) (1) (A) In any case in which a petition has been filed
with a juvenile court to commence proceedings to adjudge a person
a ward of the court, the court shall, at the time the jurisdiction of
the juvenile court has terminated as to the person, order all
records, papers, and exhibits in the person’s case in the custody
of the juvenile court sealed and destroyed, including the juvenile
court record, minute book entries, and entries on dockets, and any
other records relating to the case in the custody of the other
agencies, entities, and officials as are named in the order. Once
the court has ordered the person’s records sealed and destroyed,
the proceedings in the case shall be deemed never to have
occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are ordered sealed.

end insert begin insert

(B) The court shall send a copy of the order to each agency,
entity, and official named therein, directing the agency or entity
to seal and destroy its records. Each agency, entity, and official
shall seal and destroy the records in its custody as directed by the
order, shall advise the court of its compliance, and thereupon shall
seal the copy of the court’s order for sealing of records that it, he,
or she received.

end insert begin insert

(C) In any case in which a ward of the juvenile court is subject
to the registration requirements set forth in Section 290 of the
Penal Code, a court, in ordering the sealing of the juvenile records
of the person, shall also provide in the order that the person is
relieved from the registration requirement and for the destruction
of all registration information in the custody of the Department
of Justice and other agencies, entities, and officials.

end insert begin insert

(D) Notwithstanding any other law, the court shall not order
the person’s records sealed in any case in which the person has
been found by the juvenile court to have committed an offense
listed in subdivision (b) of Section 707 when he or she had attained
14 years of age or older.

end insert begin insert

(2) In any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant
to Section 626, or in any case in which a minor is taken before
any officer of a law enforcement agency, and no petition is filed,
the probation department or law enforcement agency shall, at the
time at which the decision was made to not refer the person to the
probation department or to the district attorney’s office, seal all
records, including records of arrest, relating to the person’s case,
in the custody of the probation department and law enforcement
agency. Once the records have been sealed, the events shall be
deemed never to have occurred, and the person may properly reply
accordingly to any inquiry about the events, the records of which
are sealed. The probation department or law enforcement agency
shall destroy the records sealed pursuant to this paragraph when
the person who is the subject of the record reaches 18 years of
age.

end insert begin insert

(3) The person who is the subject of records sealed pursuant to
this section may petition the superior court to permit inspection
of the records by persons named in the petition, and the superior
court may so order. Otherwise, except as provided in subdivision
(b), the records shall not be open to inspection.

end insert

(b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under
this section to be opened and admitted into evidence. The records
shall be confidential and shall be available for inspection only by
the court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment
in the action or proceeding becoming final, the court shall order
the records sealed.

(c) (1) Subdivision (a) does not apply to Department of Motor
Vehicle records of any convictions for offenses under the Vehicle
Code or any local ordinance relating to the operation, stopping
and standing, or parking of a vehicle where the record of any such
conviction would be a public record under Section 1808 of the
Vehicle Code. However, if a court orders a case record containing
any such conviction to be sealed under this section, and if the
Department of Motor Vehicles maintains a public record of such
a conviction, the court shall notify the Department of Motor
Vehicles of the sealing and the department shall advise the court
of its receipt of the notice.

begin delete

Notwithstanding

end delete

begin insert (2) end insert begin insert   end insert begin insert Notwithstanding end insert any other begin delete provision of end delete law, subsequent to
the notification, the Department of Motor Vehicles shall allow
access to its record of convictions only to the subject of the record
and to insurers which have been granted requestor code numbers
by the department. Any insurer to which such a record of
conviction is disclosed, when such a conviction record has
otherwise been sealed under this section, shall be given notice of
the sealing when the record is disclosed to the insurer. The insurer
may use the information contained in the record for purposes of
determining eligibility for insurance and insurance rates for the
subject of the record, and the information shall not be used for any
other purpose nor shall it be disclosed by an insurer to any person
or party not having access to the record.

begin delete

(2)

end delete

begin insert (3) end insert  This subdivision shall not begin delete be construed as preventing end delete begin insert prevent end insert
the sealing of any record begin delete which end delete begin insert that end insert is maintained by any agency
or party other than the Department of Motor Vehicles.

begin delete

(3)

end delete

begin insert (4) end insert  This subdivision shall not begin delete be construed as affecting end delete begin insert affect end insert
the procedures or authority of the Department of Motor Vehicles
for purging department records.

(d)  begin delete Unless for good cause the court determines that the juvenile
court record shall be retained, the court shall order the destruction
of a person’s juvenile court records that are sealed pursuant to this
section as follows: five years after the record was ordered sealed,
if the person who is the subject of the record was alleged or
adjudged to be a person described by Section 601; or when the
person who is the subject of the record reaches the age of 38 if the
person was alleged or adjudged to be a person described by Section
602, except that if end delete begin insert If end insert the subject of the record was found to be a
person described in Section 602 because of the commission of an
offense listed in subdivision (b) of Section 707 when he or she
was 14 years of age or older, the record shall not be destroyed.
Any other agency in possession of sealed records may destroy its
records five years after the record was ordered sealed.

begin delete

(e) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to resume
its jurisdiction pursuant to subdivision (e) of Section 388. This
access shall not be deemed an unsealing of the record and shall
not require notice to any other entity.

end delete begin delete

(f)

end delete

begin insert (e) end insert  This section shall not permit the sealing of a person’s
juvenile court records for an offense where the person is convicted
of that offense in a criminal court pursuant to the provisions of
Section 707.1. This subdivision is declaratory of existing law.

begin delete

(g)

end delete

begin insert (f) end insert  (1) On and after January 1, 2015, each court and probation
department shall ensure that information regarding the eligibility
for and the procedures to request the sealing and destruction of
records pursuant to this section shall be provided to each person
who is either of the following:

(A) A person for whom a petition has been filed on or after
January 1, 2015, to adjudge the person a ward of the juvenile court.

(B) A person who is brought before a probation officer pursuant
to Section 626.

(2) The Judicial Council shall, on or before January 1, 2015,
develop informational materials for purposes of paragraph (1) and
shall develop a form to petition the court for the sealing and
destruction of records pursuant to this section. The informational
materials and the form shall be provided to each person described
in paragraph (1) when jurisdiction is terminated or when the case
is dismissed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 903.3 of the Welfare and Institutions Code is
amended to read:

903.3.  

(a) A person who is 26 years of age or older shall, unless
indigent, be 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 Section 781 pertaining
to that person.

(b) In the event a petition is filed for an order sealing a record,
a person who is 26 years of age or older may be required to
reimburse the county and court for the actual cost of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, 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 one hundred fifty dollars ($150). 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 of
the Penal Code 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.

(c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that person,
or the estate of the minor, shall not be liable for the costs described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.

(d) 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.