BILL ANALYSIS �
AB 1756
Page 1
ASSEMBLY THIRD READING
AB 1756 (Skinner)
As Amended May 1, 2014
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 13-0
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone, | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
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SUMMARY : 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 juvenile court or arrest records. This bill
also provides that only a person 26 years of age or older is
liable to reimburse the court, the county, or any city for the
cost of services rendered related to a petition to seal the
records of a conviction for a misdemeanor that was committed
when the person was under 18 years of age.
EXISTING LAW :
1)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
AB 1756
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services.
2)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.
3)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.
4)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
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, moderate ongoing revenue loss to counties and courts,
AB 1756
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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. (Los
Angeles 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 : According to the author "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.
"AB 1756 would make the record sealing process affordable for
one of California's most vulnerable populations-its youth. This
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bill eliminates the record-sealing fee for young people under
the age of twenty-six."
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003643