BILL ANALYSIS �
AB 1756
Page 1
Date of Hearing: March 25, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1756 (Skinner) - As Amended: March 20, 2014
SUMMARY : Requires a court to order the records of a person to
be sealed and destroyed upon the termination of the juvenile
court's jurisdiction, with specified exceptions. Specifically,
this bill :
1)States that in any case where a person is cited to appear
before a probation officer or in which a minor is taken before
any officer of a law enforcement agency, and no petition is
filed, the probation department or the law enforcement agency
is required to seal all records, as specified, at the time the
decision is 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.
2)Provides that only a person 26 years of age or older may be
charged a fee for petitioning the court for an order sealing
his or her record.
EXISTING LAW :
1)Provides that five years or more after the jurisdiction of the
juvenile court has terminated over a person adjudged a ward of
the court or after a minor appeared before a probation
officer, or, in any case, at any time after the person has
reached the age of 18, the person or county probation officer,
with specified exceptions, may petition the juvenile court for
sealing of the records, including arrest records, relating to
the person's case, in the custody of the juvenile court, the
probation officer, or any other agency or public official.
(Welf. & Inst. Code, � 781, subd. (a).)
2)States that once the court has ordered the person's records
sealed, the proceedings in the case shall be deemed never to
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have occurred, and the person may reply accordingly to any
inquiry about the events. (Welf. & Inst. Code, � 781, subd.
(a).)
3)Provides in the event a petition is filed for an order sealing
a record, the father, mother, spouse, or other person liable
for the support of a minor, that person if he or she is an
adult, or the estate of that person, 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 $150. Ability to make this
reimbursement shall be determined by the court 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. (Welf. & Inst. Code, � 903.3, subd. (b).)
4)States that any person who was under the age of 18 when he or
she was arrested for a misdemeanor, may petition the court in
which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances. (Penal Code, � 851.7.)
5)Provides that a person who was under the age of 18 at the time
of commission of a misdemeanor and is eligible for, or has
previously received expungement relief, 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
defendant was acquitted or charges were dismissed. 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. (Pen.
Code, � 1203.45, subd. (a).)
6)States that a person who petitions for an order sealing a
record may be required to reimburse the court for the actual
cost of services rendered, whether or not the petition is
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granted and the records are sealed or expunged, at a rate to
be determined by the court, not to exceed $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 $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 $150. Ability to make this reimbursement shall be
determined by the court 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. (Pen. Code, � 1203.45, subd. (g).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : "Under existing law, a young person must
pay up to $150 dollars and petition the juvenile court in his
or her county of residence to seal a juvenile record. The
price tag of sealing a juvenile record can inhibit a young
person, who has successfully stayed out of trouble, from
getting on the right trajectory.
"Employers and landlords often conduct background checks on
prospective applicants before making a determination. A
criminal record can contribute to the denial of housing or
getting a job. Without stable employment and housing, the
chances that a young person will reoffend increases
three-fold. With a job and a home, youth are less likely to
commit a new crime.
"Ensuring that our youth have a stable footing is a pressing
issue we must address. Removing roadblocks for youth with
criminal records will enable this population to succeed. This
bill will make it easier for youth to gain employment so they
can pay the bills and feed their families. It will also make
it less difficult to find housing. Furthermore, increasing
access to the juvenile record sealing process may reduce
recidivism, which would mean a safer community for us all.
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"AB 1756 would make the record sealing process affordable for
one of California's most vulnerable populations-its youth.
This bill eliminates the record-sealing fee for young people
under the age of twenty-six."
2)Sealing and Destruction of Juvenile Records : Juvenile court
records generally must be destroyed when the person of record
reaches the age of 38 unless good cause is shown for
maintaining those records. (Welf. & Inst. Code, � 826.) The
person of record also may petition to destroy records retained
by other agencies. (Welf. & Inst. Code, � 826, subd. (b).)
The request shall be granted unless good cause is shown for
retention of the records. (Welf. & Inst. Code, � 826.) When
records are destroyed pursuant to the above provision, the
proceedings "shall be deemed never to have occurred, and the
person may reply accordingly to an inquiry." (Welf. & Inst.
Code, � 826, subd. (a).) Courts have held that the phrase
"never to have occurred" means that the juvenile proceeding is
deemed not to have existed. (Parmett v. Superior Court
(Christal B.) (1989) 212 Cal.App.3d 1261, at 1267.)
Minors adjudicated delinquent in juvenile court proceedings may
petition the court to have their records sealed unless they
were found to have committed certain serious offenses. (Welf.
& Inst. Code, � 781.) In order to seal a juvenile court
record, a petition must be filed by either the person who is
the subject of the record or the probation department. (Welf.
& Inst. Code, � 781.) Juvenile court jurisdiction must have
lapsed five years previously or the person must be at least 18
years old. (Welf. & Inst. Code, � 781, subd. (a).) The
records are not sealed if the person of record has been
convicted of a felony or a misdemeanor involving moral
turpitude. (Welf. & Inst. Code, � 781, subd. (a).) No
offenses listed in WIC section 707, subdivision (b) may be
sealed if the juvenile was 14 years or older at the time of
the offense. Additionally, there can be no pending civil
litigation involving the incident.
For minors who are convicted of a misdemeanor in adult court,
Penal Code Section 1203.45 authorizes sealing of such records.
Sealing of the records may be granted if the person has
already received, or is eligible for, post-conviction
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dismissal of the case under existing expungement statutes.
(Pen. Code, �� 1203.4 and 1203.4a.) If relief is granted
under Penal Code Section 1203.45, the records are sealed and
the conviction, arrest, or other proceeding is deemed never to
have occurred. With exceptions, to receive relief, the minor
can have been convicted of only one charge, or count, even in
the same case. (Pen. Code, � 1203.45, subd. (d).) Sealing of
records, under this provision, is not available to a minor
convicted of offenses requiring sex offender registration or
of certain Vehicle Code offenses.
This bill removes the requirement for a petition to be filed and
would instead require a court order the records of a person to
be sealed and destroyed upon the termination of the juvenile
court's jurisdiction. The bill retains the exception in
current law that prohibits the court from sealing the records
of a person who was found to have committed an offense listed
in subdivision (b) of Section 707 of the Welfare and
Institutions Code Section.
3)Arguments in Support :
a) Legal Services for Prisoners with Children , a co-sponsor
of this bill, writes, "Juvenile records can create barriers
to employment and housing for young people. An unsealed
juvenile record can appear on background checks, and lead
to an unfairly adverse employment or housing decision.
Without stable employment and housing, there is a higher
chance that young people will recidivate and become
involved in the adult criminal court.
"Current law allows counties to charge young people up to
$150 for sealing their juvenile record a prohibitively
expensive cost for California's poor youth. An inability
to access the juvenile record remedy can result in an
inability to access stable employment and housing.
"AB 1756 makes the record sealing process more affordable for
one of California's most vulnerable populations - its
youth. This fee, as currently imposed, does not generate
substantial revenue, and, even if it did, we should use
this opportunity to invest in and support our youth instead
of saddling them with additional financial burden. By
eliminating the fee for record sealing for youth under the
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age of twenty-six, AB 1756 will increase public safety and
reduce recidivism. As amended, the bill will also make
sealing mandatory while maintaining courts' discretion for
serious offenses, by removing the discretionary
rehabilitation standard. Finally, the bill requires that
records will be sealed and destroyed at a young person's
last hearing, not years later, saving court resources. "
b) The Ella Baker Center for Human Rights writes, "The
collateral consequences of coming into contact with the
juvenile justice system, like a juvenile record, can
substantially impede the ability of youth to transition and
reenter their communities successfully. Current law allows
counties to charge up to $150 for juvenile record sealing,
a fee that disproportionately affects low-income youth of
color. An unsealed juvenile record can appear on
background checks, leading to discrimination from potential
employers and landlords. Without the remedy offered by AB
1756, young people have a much harder time finding stable
employment and housing, two of the most critical need sin
preventing recidivism and improving outcomes. Further,
costs for record sealing may vary county by county. For
example, it costs $150 to seal a record in Alameda County
but youth in San Francisco can seal their juvenile records
without paying a fee."
4)Argument in Opposition : The California Probation Officers of
California (CPOC) argues, "While CPOC agrees that individuals
with juvenile records should have access to record sealing in
order to successfully reintegrate to society, we also believe
that current law already addresses this need. Where financial
need exists, an individual may petition for a fee waiver.
This places the determination of need on local authorities and
enables counties to recover a portion of the costs to
administer the sealing of records where the person has the
ability to pay, but also sets up a mechanism for that fee to
be waived in cases where financial need exists.
"Entirely removing local authority to be reimbursed for any and
all of the administrative costs associated with the sealing of
records goes far beyond addressing those who are in need of
financial assistance and creates a new undue financial burden
on probation departments who are actively working to serve
those we supervise."
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5)Current Legislation :
a) AB 1585 (Alejo) authorizes a court to seal the records
of a person who was convicted of specified prostitution
offenses if the person establish by clear and convincing
evidence that the conviction was the result of his or her
status as a victim of human trafficking. AB 1585 is
pending hearing by the Committee on Appropriations.
6)Prior Legislation :
a) AB 1006 (Yamada), Chapter 269, Statute of 2013,
requires, on and after January 1, 2015, courts and
probation departments, to ensure information regarding the
potential sealing of juvenile court records is provided to
minors in juvenile proceedings, as specified.
b) AB 2040 (Swanson), Chapter 197, Statutes of 2012,
provides that a person who was adjudicated a ward of the
court for the commission of a violation of specified
provisions prohibiting prostitution may petition a court to
have his or her records sealed as these records pertain to
the prostitution offenses without showing that he or she
has not been subsequently convicted of a felony or
misdemeanor involving moral turpitude, or that
rehabilitation has been attained.
c) AB 1940 (Hill), of the 2011-12 Legislative Session,
would have authorized a court to seal a record of
conviction for prostitution based on a finding that the
petitioner is a victim of human trafficking, that the
offense is the result of the petitioner's status as a
victim of that crime, and that the petitioner is therefore
factually innocent. AB 1940 was held on the Committee on
Appropriations' Suspense File.
d) AB 702 (Swanson), of the 2011-12 Legislative Session,
allows a person adjudicated a ward of the court or a person
convicted of prostitution to have his or her record sealed
or conviction expunged without showing that he or she has
not been subsequently convicted or that he or she has been
rehabilitated. AB 702 was never heard by this Committee
and was returned to the Chief Clerk.
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e) AB 337 (Torres), of the 2009-10 Legislative Session,
would have required courts and probation departments to
ensure that information about the sealing of juvenile
records are provided to a minor. AB 337 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
All of Us or None (co-sponsor)
East Bay Community Law Center (co-sponsor)
Legal Services for Prisoners with Children (co-sponsor)
Youth Justice Coalition (co-sponsor)
A New Way of Life Reentry Project
Advancement Project
Akonadi Foundation
American Friends Service Committee
Asian Americans Advancing Justice - Los Angeles
California Alliance for Youth & Community Justice
California Attorneys for Criminal Justice
California Coalition for Women Prisoners
California Coalition Youth
California Conference for Equality and Justice
Californians For Safety and Justice
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Century Center for Economic Opportunity, Inc.
Children's Defense Fund of California
CLEAN Carwash Campaign
Clean Slate Practice of the East Bay Community Law Center
Communities United for Restorative Youth Justice
Connecticut Juvenile Justice Alliance
Courage Campaing
Drug Policy Alliance
Ella Baker Center for Human Rights
Equal Rights Advocates
FACTS Education Fund
Fair Chance Project
Friends Committee on Legislation of California
Justice Now
L.A. Gay and Lesbian Center
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
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Legal Services for Prisoners with Children
Los Angeles Black Worker Center
Los Angeles Community Action Network
Los Angeles Urban League
National Employment Law Project
Root & Rebound
Rubicon Programs
RYSE Youth Center
San Francisco Public Defender's Office
San Francisco Sheriff's Department
Taxpayers for Improving Public Safety
Time for Change Foundation
Union City's Highway to Work
Urban Peace Movement
Violence Prevention Coalition of Greater Los Angeles
W. Hayward Burns Institute
Women's Foundation of California
Youth Build San Joaquin
Youth Justice Coalition
Youth Law Center
Three private individuals
Opposition
California Probation Officers of California
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744