BILL ANALYSIS �
AB 1756
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1756 (Skinner) - As Amended: May 1, 2014
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill provides that only a person 26 years of age or older
may be charged the existing fee of up to $150 for petitioning
the court for an order sealing his or her criminal record.
FISCAL EFFECT
Moderate ongoing revenue loss to counties and courts, likely in
the range of $160,000, as a result of not charging persons under
26 years of age a fee of up to $150 for county and court costs
for sealing a record. Based on a Public Records Act request to
all 58 counties by the East Bay Community Law Center, there are
about 6,000 petitions for juvenile record filings per year,
statewide. The average fee per county is about $100. (L.A.
County does not charge a fee and accounts for about 56% of the
petitions.) Assuming 2,600 petitions at $100, the potential
revenue loss would be about $260,000.
This figure would be adjusted downward based on the extent to
which courts waive the fee for inability to pay. If 20% of the
fees are so waived, the potential revenue loss would be about
$200,000. This figure would be further adjusted downward
depending on how many of the petitioners are over 26. If 20% of
the petitioners are over 26, the potential revenue loss would be
about $160,000.
COMMENTS
1)Rationale . The author's intent is to make the juvenile
record-sealing process and make it more affordable.
AB 1756
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According to the author, "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 justice system. Current law allows counties to charge
young people up to $150 for sealing their juvenile record; an
excessively 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.
2)Current law 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, in the custody of the juvenile court, the probation
officer, or any other agency or public official. 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 reply accordingly to any inquiry about the events.
Records shall be destroyed five years after sealing.
Records are not sealed if the person has been convicted of a
felony or a misdemeanor involving moral turpitude, or an
offense listed in WIC Section 707(b), if the juvenile was 14
years or older at the time of the offense.
The petitioner 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.
3)Support . According to Legal Services for Prisoners with
Children, "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
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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 age
of twenty-six, AB 1756 will increase public safety and reduce
recidivism."
4)Opposition . The California Probation Officers of California
(CPOC) states, "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."
5)Related Legislation . SB 1038 (Leno) requires automatic sealing
of specified non-serious juvenile records upon completion of
informal or formal probation, but provides access to district
attorneys and probation for purposes of determining deferred
entry of judgment eligibility. SB 1038 is pending on the
Senate floor.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081