Current Status:

Passed

(2023-10-08: Chaptered by Secretary of State - Chapter 444, Statutes of 2023.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill requires the California Department of Justice to provide, upon request from the person named in the record, confirmation that automatic conviction record relief was granted for their criminal record. It applies to people whose convictions qualify for automatic relief under existing law (for example, completed probation, certain misdemeanors, or some older felonies) and makes technical changes to that law.

Version:

Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. Existing law, commencing July 1, 2024, and subject to an appropriation, generally makes this arrest record relief available to a person who has been arrested for a felony, including a felony punishable by imprisonment in the state prison, as specified.

This bill would, commencing July 1, 2024, require the department to provide confirmation that relief was granted upon request from the subject of the record. The bill would make other technical changes.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 11 of Chapter 47 of the Statutes of 2023, is amended to read:1203.425.

(a)(1)(A)Commencing July 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iii)Based upon the information available in the departments record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(ia)The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the departments records, appears to have completed their term of probation without revocation.

(ib)The defendant was convicted of an infraction or misdemeanor other than one eligible under sub-subclause (ia), and, based upon the disposition date and the term specified in the departments records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.

(II)The conviction occurred on or after January 1, 2005, the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the departments records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This subclause does not apply to a conviction of a serious felony defined in subdivision (c) of Section 1192.7, a violent felony as defined in Section 667.5, or a felony offense requiring registration pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

(2)(A)Except as specified in subdivision (b), the department shall grant relief, including dismissal of a conviction, to a person identified pursuant to paragraph (1) without requiring a petition or motion by a party for that relief if the relevant information is present in the departments electronic records.

(B)The state summary criminal history information shall include, directly next to or below the entry or entries regarding the persons criminal record, a note stating relief granted, listing the date that the department granted relief and this section. This note shall be included in all statewide criminal databases with a record of the conviction.

(C)Except as otherwise provided in paragraph (4) and in Section 13555 of the Vehicle Code, a person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted.

(3)(A)Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on January 1, 2023, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in paragraph (4), the court shall not disclose information concerning a conviction granted relief pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.

(B)If probation is transferred pursuant to Section 1203.9, the department shall electronically submit a notice as provided in subparagraph (A) to both the transferring court and any subsequent receiving court. The electronic notice shall be in a mutually agreed upon format.

(C)If a receiving court reduces a felony to a misdemeanor pursuant to subdivision (b) of Section 17, or dismisses a conviction pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, or 1203.49, it shall furnish a disposition report to the department with the original case number and CII number from the transferring court. The department shall electronically submit a notice to the superior court that sentenced the defendant. If probation is transferred multiple times, the department shall electronically submit a notice to all other involved courts. The electronic notice shall be in a mutually agreed upon format.

(D)If a court receives notification from the department pursuant to subparagraph (B), the court shall update its records to reflect the reduction or dismissal. If a court receives notification that a case was dismissed pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its records to reflect the dismissal and shall not disclose information concerning a conviction granted relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.

(4)Relief granted pursuant to this section is subject to the following conditions:

(A)Relief granted pursuant to this section does not relieve a person of the obligation to disclose a criminal conviction in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.

(B)Relief granted pursuant to this section does not relieve a person of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for enrollment as a provider of in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, or for contracting with the California State Lottery Commission.

(C)Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.

(D)Relief granted pursuant to this section does not limit the jurisdiction of the court over a subsequently filed motion to amend the record, petition or motion for postconviction relief, or collateral attack on a conviction for which relief has been granted pursuant to this section.

(E)Relief granted pursuant to this section does not affect a persons authorization to own, possess, or have in the persons custody or control a firearm, or the persons susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the criminal conviction would otherwise affect this authorization or susceptibility.

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(G)Relief granted pursuant to this section does not release a person from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying conviction.

(H)Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections.

(I)Relief granted pursuant to this section does not make eligible a person who is otherwise ineligible under state or federal law or regulation to provide, or receive payment for providing, in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(K)(i)Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 (commencing with Section 44240) and Article 8 (commencing with Section 44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, Article 3 (commencing with Section 44930) of Chapter 4, Article 1 (commencing with Section 45100) and Article 6 (commencing with Section 45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, or pursuant to any statutory or regulatory provisions that relate to, incorporate, expand upon, or interpret the authority of those provisions.

(ii)Notwithstanding clause (i) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to this section, shall not be disclosed.

(L)Relief granted pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective orders that have been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.

(5)This section does not limit petitions, motions, or orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 1473.7. This section does not limit petitions for a certificate of rehabilitation or pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3.

(6)Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, the department shall annually publish statistics for each county regarding the total number of convictions granted relief pursuant to this section and the total number of convictions prohibited from automatic relief pursuant to subdivision (b), on the OpenJustice Web portal, as defined in Section 13010.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(b)(1)The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a persons eligibility for relief pursuant to this section, file a petition to prohibit the department from granting automatic relief pursuant to this section, based on a showing that granting that relief would pose a substantial threat to the public safety. If probation was transferred pursuant to Section 1203.9, the prosecuting attorney or probation department in either the receiving county or the transferring county shall file the petition in the county of current jurisdiction.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(3)At a hearing on the petition pursuant to this subdivision, the defendant, the probation department, the prosecuting attorney, and the arresting agency, through the prosecuting attorney, may present evidence to the court. Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and determined upon declarations, affidavits, police investigative reports, copies of state summary criminal history information and local summary criminal history information, or any other evidence submitted by the parties that is material, reliable, and relevant.

(4)The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors, including, but not limited to, either of the following:

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(5)If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendants hardship outweighs the threat to the public safety, the court may consider any relevant factors, including, but not limited to, either of the following:

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(6)If the court grants a petition pursuant to this subdivision, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief pursuant to this section was denied, and the department shall not grant relief pursuant to this section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice to the transferring court, and, if probation was transferred multiple times, to all other involved courts.

(7)A person denied relief pursuant to this section may continue to be eligible for relief pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.4b, or 1203.41. If the court subsequently grants relief pursuant to one of those sections, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief was granted pursuant to the applicable section, and the department shall grant relief pursuant to that section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice that relief was granted pursuant to the applicable section to the transferring court and, if probation was transferred multiple times, to all other involved courts.

(c)At the time of sentencing, the court shall advise a defendant, either orally or in writing, of the provisions of this section and of the defendants right, if any, to petition for a certificate of rehabilitation and pardon.

(d)This section shall become operative on July 1, 2024.

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 11 of Chapter 47 of the Statutes of 2023, is amended to read:1203.425.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2024.

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 11 of Chapter 47 of the Statutes of 2023, is amended to read:1203.425.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(ib)The defendant was convicted of an infraction or misdemeanor, was not granted probation, misdemeanor other than one eligible under sub-subclause (ia), and, based upon the disposition date and the term specified in the departments records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(5)This section shall does not limit petitions, motions, or orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 1473.7. This section shall does not limit petitions for a certificate of rehabilitation or pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(4)The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors factors, including, but not limited to, either of the following:

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(5)If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendants hardship outweighs the threat to the public safety, the court may consider any relevant factors factors, including, but not limited to, either of the following:

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2024.

All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 27, 2023. (JR11)

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 3 of Chapter 842 of the Statutes of 2022, is amended to read:1203.425.

(a)(1)(A)Commencing July 1, 2023, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2023.

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 3 of Chapter 842 of the Statutes of 2022, is amended to read:1203.425.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(D)Once relief is granted for a record, subsequent events, including new criminal records related to the subject of the record, shall have no bearing on relief already granted under this section.

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(5)This section shall not limit petitions, motions, or orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 1473.7. This section shall not limit petitions for a certificate of rehabilitation or pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(4)The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors factors, including, but not limited to, either of the following:

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(5)If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendants hardship outweighs the threat to the public safety, the court may consider any relevant factors factors, including, but not limited to, either of the following:

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2023.

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 3 of Chapter 842 of the Statutes of 2022, is amended to read:1203.425.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(D)Once relief is granted for a record, subsequent events, including new criminal records related to the subject of the record, shall have no bearing on relief already granted under this section.

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(7)Upon request from the subject of the record, the department shall provide confirmation that relief was granted pursuant to this section.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(4)The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(5)If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendants hardship outweighs the threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2023.

The people of the State of California do enact as follows:SECTION 1.Section 1203.425 of the Penal Code, as amended by Section 3 of Chapter 842 of the Statutes of 2022, is amended to read:1203.425.

(B)A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:

(i)The person is not required to register pursuant to the Sex Offender Registration Act.

(ii)The person does not have an active record for local, state, or federal supervision in the Supervised Release File.

(iv)The conviction meets either of the following criteria:

(I)The conviction occurred on or after January 1, 1973, and meets either of the following criteria:

(ib)The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the departments records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.

(4)Relief granted pursuant to this section is subject to the following conditions:

(F)Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.

(J)In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.

(2)The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.

(4)The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:

(A)Declarations or evidence regarding the offense for which a grant of relief is being contested.

(B)The defendants record of arrests and convictions.

(5)If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendants hardship outweighs the threat to the public safety, the court may consider any relevant factors including, but not limited to, either of the following:

(A)The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.

(B)Declarations or evidence regarding the defendants good character.

(d)This section shall become operative on July 1, 2023.

Date	Status
Oct 8, 2023	Chaptered by Secretary of State - Chapter 444, Statutes of 2023.
Oct 8, 2023	Approved by the Governor.
Sep 13, 2023	Enrolled and presented to the Governor at 3 p.m.
Sep 7, 2023	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3039.).
Sep 7, 2023	Assembly Rule 77 suspended. (Page 3011.)
Sep 6, 2023	In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Sep 6, 2023	Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2403.).
Sep 5, 2023	Read second time. Ordered to third reading.
Sep 1, 2023	Read second time and amended. Ordered returned to second reading.
Sep 1, 2023	From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (September 1).
Jul 3, 2023	In committee: Referred to APPR suspense file.
Jun 27, 2023	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Jun 20, 2023	From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 20). Re-referred to Com. on APPR.
Jun 7, 2023	Referred to Com. on PUB S.
May 26, 2023	In Senate. Read first time. To Com. on RLS. for assignment.
May 25, 2023	Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1801.)
May 18, 2023	Read second time. Ordered to third reading.
May 18, 2023	From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
May 3, 2023	In committee: Set, first hearing. Referred to APPR. suspense file.
Apr 26, 2023	In committee: Hearing postponed by committee.
Mar 30, 2023	Re-referred to Com. on APPR.
Mar 29, 2023	Read second time and amended.
Mar 28, 2023	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 28).
Mar 20, 2023	Re-referred to Com. on PUB. S.
Mar 16, 2023	From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Feb 17, 2023	Referred to Com. on PUB. S.
Feb 9, 2023	From printer. May be heard in committee March 11.
Feb 8, 2023	Read first time. To print.

Date	Description	Location	Votes
Sep 7, 2023	AB 567 Ting Concurrence in Senate Amendments	Assembly Floor	79 0 1 Passed
Sep 6, 2023	Assembly 3rd Reading AB567 Ting et al. By Durazo	Senate Floor	40 0 0 Passed
Sep 1, 2023	Do pass as amended	Senate Standing Committee on Appropriations	6 0 1 Passed
Jul 3, 2023	Placed on suspense file	Senate Standing Committee on Appropriations	7 0 0 Passed
Jun 20, 2023	Do pass, but first be re-referred to the Committee on [Appropriations]	Senate Standing Committee on Public Safety	5 0 0 Passed
May 25, 2023	AB 567 Ting Assembly Third Reading	Assembly Floor	76 0 4 Passed
May 18, 2023	Do pass.	Assembly Standing Committee on Appropriations	15 0 1 Passed
Mar 28, 2023	Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar	Assembly Standing Committee on Public Safety	8 0 0 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Aclu California Action	** Support
California Public Defenders Association	** Support
Californians for Safety and Justice	** Support
Los Angeles County District Attorney'S Office	** Support
San Francisco Public Defender's Office	* Support	Jun 20, 2023

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 567

Author:(Ting)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Extends, commencing July 1, 2024, automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

Senate Amendments

Delay implementation until July 1, 2024.
Make technical, nonsubstantive changes.

COMMENTS

As Passed by the Assembly: This bill extended automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

Major Provisions

Extended automatic record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.
Provided that upon request from the subject of the record, the Department of Justice (DOJ) shall provide confirmation that relief was granted.

According to the Author

"AB 1076 (Ting) in 2019 opened doors for people with records facing housing and employment barriers by automating eligible arrest and conviction relief for those who met specified requirements. AB 567 ensures the relief we have put in place are being interpreted and implemented correctly. Everybody deserves a second chance, and it's our responsibility to make sure that paths we set forward are clear."

Arguments in Support

According to Californians for Safety and Justice, the sponsor of this bill, "In 2019, Governor Newsom signed AB 1076 (Ting), which requires the California Department of Justice (DOJ) to automate arrest and conviction relief for specified records dating back to January 1, 1973. To ensure that all impacted Californians benefit from the relief, AB 567 would clarify the author's original intent in AB 1076."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, ongoing costs to the Department of Justice of approximately $550,000 annually (Fingerprint Fees Account, General Fund).

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Jackson, Santiago, Zbur

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Aguiar-Curry, Mathis, Papan, Rodriguez

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: September 1, 2023

CONSULTANT: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0001817

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 567

THIRD READING

Bill No: AB 567

Author: Ting (D), et al.

Amended: 9/1/23 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/20/23

AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Wahab, Wiener

NO VOTE RECORDED: Seyarto

ASSEMBLY FLOOR: 76-0, 5/25/23 - See last page for vote

SUBJECT: Criminal records: relief

SOURCE: Californians for Safety and Justice

DIGEST:

This bill extends the automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation and requires the Department of Justice (DOJ) to provide confirmation that relief was granted if the subject of the criminal records requests it.

ANALYSIS:

Existing law:

Requires the DOJ, as of July 1, 2023, and subject to an appropriation in the annual Budget Act, on a monthly basis, to review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, identify persons with convictions that meet specified criteria and are eligible for automatic conviction record relief. (Penal Code § 1203.425 (a)(1)(A).)
States that a person is eligible for automatic conviction relief if they meet all of the following conditions:
The person is not required to register pursuant to the Sex Offender Registration Act;
The person does not have an active record for local, state, or federal supervision in the Supervised Release File;
Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for any offense and there is no indication of any pending criminal charges; and,
The conviction occurred on or after January 1, 1973, and meets either of the following criteria:
- 1. The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation; or,
  2. The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment. (Penal Code § 1203.425 (a)(1)(B)(iv)(I)); or
  3. The conviction occurred on or after January 1, 2005, the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the DOJ’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This does not apply to a conviction of a serious or a violent felony, or a felony offense requiring sex offender registration. (Penal Code § 1203.425 (a)(1)(B)(iv)(II).)
Requires the DOJ to grant relief, including dismissal of a conviction, to a person who is eligible, without requiring a petition or motion by a party for that relief if the relevant information is present in the DOJ’s electronic records. (Penal Code § 1203.425 (a)(2)(A).)
Requires the DOJ, as of July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted. (Penal Code § 1203.425 (a)(3)(A).)
Prohibits, as of January 1, 2023, the court from disclosing information concerning a conviction granted relief, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Penal Code § 1203.425 (a)(3)(A).)
Allows the prosecuting attorney or probation department to, no later than 90 calendar days before the date of a person’s eligibility for relief, to file a petition to prohibit the DOJ from granting automatic relief, based on a showing that granting the relief would pose a substantial threat to public safety. (Penal Code § 1203.425 (b)(1)).)
Requires the court to notify the defendant of the petition and conduct a hearing within 45 days. (Penal Code § 1203.425 (b)(2).)
Provides that if the court grants the petition, the court must furnish a disposition report to DOJ. (Penal Code § 1203.425 (b)(6).)
States that if relief is denied, but subsequently granted under a different provision, as specified, the court must submit a disposition report to the DOJ. (Penal Code § 1203.425 (b)(7).)

This bill:

Extends automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.
Provides that upon request from the subject of the record, the DOJ shall provide confirmation that relief was granted.
Delays the implementation of this bill to July 1, 2024.

Background

According to the author:

AB 1076 (Ting) in 2019 opened doors for people with records facing housing and employment barriers by automating eligible arrest and conviction relief for those who met specified requirements. AB 567 expands automated relief to infractions and misdemeanors, filling in the gap under current law that already permits it for felonies. The bill also allows an individual to request confirmation from the Department of Justice that relief is granted. Everybody deserves a second chance, and it’s our responsibility to make sure that paths we set forward are clear, equitable, and accessible.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, “Ongoing costs to the Department of Justice of approximately $550,000 annually (Fingerprint Fees Account, General Fund).”

SUPPORT: (Verified 9/1/23)

Californians for Safety and Justice (source)

ACLU California Action
California Public Defenders Association
Los Angeles County District Attorney's Office

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: Californians for Safety and Justice supports this bill stating:

Studies show that lack of access to employment and housing are primary factors that drive individuals to reoffend. As a result, barriers to criminal record relief reduce the likelihood of successful reentry and harm public safety. They also perpetuate the long history of disproportionate impact of the justice system on

socioeconomically disadvantaged communities, and communities of color in particular.

In California, eight million residents have criminal convictions on their records hampering their ability to find work and housing, secure public benefits, or even get admitted to college. Millions more have old arrests on their record that never resulted in a conviction but remain as obstacles to employment. Criminal records are serious barriers to successful reentry and come at a cost of $20.8 billion annually to California’s economy. Nationally, it has been estimated that the U.S. loses roughly $372.3 billion per year in terms of gross domestic product due to employment losses among people living with convictions.

Current law allows individuals to clear arrests that did not result in a conviction, and to clear convictions that are eligible for dismissal by petitioning the court. This imposes a burden on affected individuals to be made aware of their eligibility and retain an attorney to proactively file the necessary petition. Additionally, under that current petition-based record clearance model, each record costs the system $3,757, whereas an automated system costs 4 cents per record.

In 2019, Governor Newsom signed AB 1076 (Ting), which requires the California Department of Justice v(DOJ) to automate arrest and conviction relief for specified records dating back to January 1, 1973. To ensure that all impacted Californians benefit from the relief, AB 567 would clarify the author's original intent in AB 1076. For these reasons, we are proud to sponsor AB 567 and respectfully request your aye vote.

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Mathis, Papan, Rodriguez

Prepared by: Mary Kennedy / PUB. S. /

9/2/23 16:55:57

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 567 (Ting) - Criminal records: relief


Version:	Policy Vote:
Urgency:	Mandate:
Hearing Date:	Consultant:

Bill Summary:

AB 567 would extend automatic criminal record relief to misdemeanor convictions where the sentence was successfully completed following a revocation of probation.

Fiscal Impact:

The Department of Justice (DOJ) reports costs of approximately $316,000 in 2023-24 and $550,000 annually thereafter (Fingerprint Fees Account, General Fund). See Staff Comments for additional detail.

Background:

In 2019, the Legislature passed AB 1076 (Ting), Chapter 578, Statutes of 2019. AB 1076 which, in part, established a procedure in which persons could have certain convictions dismissed and have such information withheld from disclosure, all without having to file a petition with the court. (Pen. Code, § 1203.425.) The purpose of AB 1076 was to remove barriers to housing and employment for convicted and arrested individuals in order to foster their successful reintegration into the community.AB 200 (Budget Committee), Chapter 58, Statutes of 2022, delayed the implementation date of AB 1076 related to prohibiting dissemination of criminal records for which relief was granted to January 1, 2023. SB 731 (Durazo), Chapter 814, Statutes of 2022, expanded automatic arrest record and conviction relief to additional felony offenses, and delayed the effective date to July 1, 2023.

Under existing law effective July 1, 2023, automatic relief applies to a defendant who was convicted of a felony on or after January 1, 2005, and who has successfully completed their sentence (including any term of probation) after having had their probation revoked. Under existing law effective July 1, 2023, automatic conviction record relief does not apply to a defendant who has a misdemeanor conviction, and who has successfully completed their sentence (including any term of probation) after having had their probation revoked.

This bill would expand automatic record relief to include misdemeanor convictions occurring on or after January 1, 1973, in which the person, although having had probation revoked, thereafter successfully completes their sentence and any probation. This bill would also require the DOJ to provide confirmation that relief was granted if the subject of the criminal records requests it.

Proposed Law:

Extends automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.
Provides that upon request from the subject of the record, the DOJ shall provide confirmation that relief was granted.

Related Legislation:

SB 763 (Durazo), 2023, would have expanded automatic conviction record relief for specified felony convictions that occurred on or after January 1, 1973, rather than on or after January 1, 2005. SB 763 was held on this Committee’s Suspense File.
SB 731 (Durazo), Chapter 814, Statutes 2022, among other provisions, expanded automatic arrest record and conviction relief to additional felony offenses, as specified.
SB 118 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2020, adjusted the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019.
AB 88 (Committee on Budget), of the 2019-2020 Legislative Session, would have adjusted the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019. AB 88 died on the Senate inactive file.
AB 1076 (Ting), Chapter 578, Statutes of 2019, requires the DOJ, as of January 1, 2021, and subject to an appropriation, to review its criminal justice databases on a weekly basis, identify persons who are eligible for relief by having either their arrest records or conviction records withheld from disclosure, with specified exceptions, and required the DOJ to grant that relief to the eligible person without a petition or motion to being filed on the person's behalf.

Staff Comments:

The DOJ anticipates additional workload as a result of AB 567 in order to develop and implement a new review process to identify and apply relief where appropriate as well as to receive, verify, and respond to requests and challenges. The Government Law Section within DOJ anticipates needing additional staff resources in the form of 1.0 permanent Deputy Attorney General (DAG) and a legal secretary as well as numerous DAG temporary hours in fiscal years 2023-24 through 2026-27. The California Justice Information Services Division would require 1.0 permanent Associate Governmental Program Analyst for record review.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 567 Hearing Date: June 20, 2023

Author:	Ting
Version:	March 29, 2023
Urgency:	No	Fiscal:	Yes
Consultant:	MK

Subject: Criminal records: relief

HISTORY

Source: Californians for Safety and Justice

Prior Legislation: SB 731 (Durazo), Chapter 814, Statutes 2022

AB 1038 (Ting) 2021-2022 not heard Senate Public Safety

SB 118 (Budget), Chapter 29, Stats. 2020

AB 88 ( Budget)2 019-2020 failed Senate inactive

AB 1076 (Ting), Chapter 578, Stats of 2019

Support: California Public Defenders Association

Opposition: None known

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to extend the automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

Existing law requires the DOJ, as of July 1, 2023, and subject to an appropriation in the annual Budget Act, on a monthly basis, to review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, identify persons with convictions that meet specified criteria and are eligible for automatic conviction record relief. (Penal Code § 1203.425 (a)(1)(A).)

Existing law states that a person is eligible for automatic conviction relief if they meet all of the following conditions:

The person is not required to register pursuant to the Sex Offender Registration Act;
The person does not have an active record for local, state, or federal supervision in the Supervised Release File;
Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for any offense and there is no indication of any pending criminal charges; and,
The conviction occurred on or after January 1, 1973, and meets either of the following criteria:
1. The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation; or,
2. The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment. (Penal Code § 1203.425 (a)(1)(B)(iv)(I)); or
The conviction occurred on or after January 1, 2005, the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the DOJ’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This does not apply to a conviction of a serious or a violent felony, or a felony offense requiring sex offender registration. (Penal Code § 1203.425 (a)(1)(B)(iv)(II).)

Existing law requires the DOJ to grant relief, including dismissal of a conviction, to a person who is eligible, without requiring a petition or motion by a party for that relief if the relevant information is present in the DOJ’s electronic records. (Penal Code § 1203.425 (a)(2)(A).)

Existing law requires the DOJ, as of July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted. (Penal Code § 1203.425 (a)(3)(A).)

Existing law prohibits, as of January 1, 2023, the court from disclosing information concerning a conviction granted relief, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Penal Code § 1203.425 (a)(3)(A).)

Existing law allows the prosecuting attorney or probation department to, no later than 90 calendar days before the date of a person’s eligibility for relief, to file a petition to prohibit the DOJ from granting automatic relief, based on a showing that granting the relief would pose a substantial threat to public safety. (Penal Code § 1203.425 (b)(1)).)

Existing law requires the court to notify the defendant of the petition and conduct a hearing within 45 days. (Penal Code § 1203.425 (b)(2).)

Existing law provides that if the court grants the petition, the court must furnish a disposition report to DOJ. (Penal Code § 1203.425 (b)(6).)

Existing law states that if relief is denied, but subsequently granted under a different provision, as specified, the court must submit a disposition report to the DOJ. (Penal Code § 1203.425 (b)(7).)

This bill extends automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

This bill provides that upon request from the subject of the record, the Department of Justice (DOJ) shall provide confirmation that relief was granted.

COMMENTS

1. Need for This Bill

According to the author:

2. Automatic Conviction Record Relief

Under existing law effective July 1, 2023, automatic relief applies to a defendant who was convicted of a felony on or after January 1, 2005, and who has successfully completed their sentence (including any term of probation) after having had their probation revoked. SB 763 (Durazo), of the 2023-2024 Legislative Session, would apply this relief to convictions occurring on or after January 1, 1973.

This bill would also require the DOJ to provide confirmation that relief was granted if the subject of the criminal records requests it.

3. Argument in Support

Californians for Safety and Justice supports this bill stating:

socioeconomically disadvantaged communities, and communities of color in particular.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 567

Author:(Ting)

As Amended Ver:March 29, 2023

Majority vote

SUMMARY

Extends automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

Major Provisions

Extends automatic record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.
Provides that upon request from the subject of the record, the Department of Justice (DOJ) shall provide confirmation that relief was granted.

COMMENTS

According to the Author

"AB 1076 (Ting) in 2019 opened doors for people with records facing housing and employment barriers by automating eligible arrest and conviction relief for those who met specified requirements. AB 567 ensures the relief we have put in place are being interpreted and implemented correctly. Everybody deserves a second chance, and it’s our responsibility to make sure that paths we set forward are clear."

Arguments in Support

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Costs in the hundreds of thousands of dollars annually (General Fund) to DOJ. DOJ estimates total costs of $316,000 in FY 2023-24, $549,000 in FY 2024-27, and $543,000 annually on an ongoing basis. DOJ reports staffing costs in its California Justice Information Services Division to handle the new volume of convictions eligible for automatic conviction record relief under this bill. DOJ also anticipates ongoing staffing costs to establish and administer a process for receiving, verifying, and responding to requests for confirmation of automatic conviction record relief."

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Jackson, Santiago, Zbur

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: March 29, 2023

CONSULTANT: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0000718

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 567

Author:(Ting) – As Amended Ver:March 29, 2023

Policy Committee:	Public Safety	Vote:	8 - 0

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Justice (DOJ) to conduct monthly reviews of its state summary criminal history database to identify people who were convicted of a misdemeanor and are eligible for automatic conviction record relief. The bill also requires the DOJ, upon request from a person receiving record relief for any qualifying conviction, to provide confirmation that relief was granted.

FISCAL EFFECT:

Costs in the hundreds of thousands of dollars annually (General Fund) to DOJ. DOJ estimates total costs of $316,000 in FY 2023-24, $549,000 in FY 2024-27, and $543,000 annually on an ongoing basis. DOJ reports staffing costs in its California Justice Information Services Division to handle the new volume of convictions eligible for automatic conviction record relief under this bill. DOJ also anticipates ongoing staffing costs to establish and administer a process for receiving, verifying, and responding to requests for confirmation of automatic conviction record relief.

COMMENTS:

Author’s Statement. According to the author:

AB 1076 (Ting) in 2019 opened doors for people with records facing housing and employment barriers by automating eligible arrest and conviction relief for those who met specified requirements. AB 567 ensures the relief we have put in place are being interpreted and implemented correctly. Everybody deserves a second chance, and it’s our responsibility to make sure that paths we set forward are clear.

Automatic Conviction Record Relief. In 2019, the Legislature passed AB 1076 (Ting) Chapter 578, Statutes of 2019, which, in relevant part, established a process for automatically dismissing and sealing certain criminal convictions on a person’s criminal history record. By establishing an automatic process for reviewing and dismissing qualifying convictions, AB 1076 eliminated the need for someone to file a petition with the court to have their qualifying convictions dismissed and made confidential. Subsequent legislation delayed implementation of automatic conviction record relief, and expanded the law to provide automatic relief for additional felony offenses. (AB 200 (Budget Committee), Chapter 58, Statutes of 2022; SB 731 (Durazo), Chapter 814, Statutes of 2022.)

This bill makes additional convictions eligible for automatic conviction record relief. It allows a person to obtain automatic conviction record relief for a misdemeanor conviction even if they had their probation revoked at one point, as long as they have now successfully completed their sentence. Additionally, if a person submits a request to DOJ, DOJ must provide the person with confirmation that any warranted automatic conviction record relief was made on their record.

By making more misdemeanor convictions eligible for automatic conviction record relief, this bill increases DOJ’s workload, resulting in costs to DOJ. The bill will also result in staffing costs to DOJ to receive, verify, and respond to requests for confirmation of automatic conviction record relief. Completing the conformations required by this bill may require DOJ to establish a new verification procedure to ensure the confidentiality of individuals’ personally identifying information and criminal offender record information.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

Counsel: Cheryl Anderson

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

As Proposed to be Amended in Committee

SUMMARY:

Extends automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation. Specifically, this bill:

Extends automatic record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.
Provides that upon request from the subject of the record, the Department of Justice (DOJ) shall provide confirmation that relief was granted.

EXISTING LAW EFFECTIVE JULY 1, 2023:

Requires the DOJ, as of July 1, 2023, and subject to an appropriation in the annual Budget Act, on a monthly basis, to review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, identify persons with convictions that meet specified criteria and are eligible for automatic conviction record relief. (Pen. Code § 1203.425, subd. (a)(1)(A).)
States that a person is eligible for automatic conviction relief if they meet all of the following conditions:
1. The person is not required to register pursuant to the Sex Offender Registration Act;
2. The person does not have an active record for local, state, or federal supervision in the Supervised Release File;
3. Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for any offense and there is no indication of any pending criminal charges; and,
4. The conviction occurred on or after January 1, 1973, and meets either of the following criteria:
  1. The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation; or,
  2. The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment. (Pen. Code § 1203.425, subd. (a)(1)(B)(iv)(I)); or
5. The conviction occurred on or after January 1, 2005, the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the DOJ’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This does not apply to a conviction of a serious or a violent felony, or a felony offense requiring sex offender registration. (Pen. Code § 1203.425, subd. (a)(1)(B)(iv)(II).)
Requires the DOJ to grant relief, including dismissal of a conviction, to a person who is eligible, without requiring a petition or motion by a party for that relief if the relevant information is present in the DOJ’s electronic records. (Pen. Code § 1203.425, subd. (a)(2)(A).)
Requires the DOJ, as of July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted. (Pen. Code § 1203.425, subd. (a)(3)(A).)
Prohibits, as of January 1, 2023, the court from disclosing information concerning a conviction granted relief, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. (Pen. Code § 1203.425, subd. (a)(3)(A).)
Allows the prosecuting attorney or probation department to, no later than 90 calendar days before the date of a person’s eligibility for relief, to file a petition to prohibit the DOJ from granting automatic relief, based on a showing that granting the relief would pose a substantial threat to public safety. (Pen. Code § 1203.425, subd. (b)(1)).)
Requires the court to notify the defendant of the petition and conduct a hearing within 45 days. (Pen. Code § 1203.425, subd. (b)(2).)
Provides that if the court grants the petition, the court must furnish a disposition report to DOJ. (Pen. Code § 1203.425, subd. (b)(6).)
States that if relief is denied, but subsequently granted under a different provision, as specified, the court must submit a disposition report to the DOJ. (Pen. Code § 1203.425, subd. (b)(7).)

FISCAL EFFECT:

Unknown

COMMENTS:

Author's Statement: According to the author, “AB 1076 (Ting) in 2019 opened doors for people with records facing housing and employment barriers by automating eligible arrest and conviction relief for those who met specified requirements. AB 567 ensures the relief we have put in place are being interpreted and implemented correctly. Everybody deserves a second chance, and it’s our responsibility to make sure that paths we set forward are clear.”
Automatic Conviction Record Relief: In 2019, the Legislature passed AB 1076 (Ting), Chapter 578, Statutes of 2019. AB 1076, as relevant here, established a procedure in which persons could have certain convictions dismissed and have such information withheld from disclosure, all without having to file a petition with the court. (Pen. Code, § 1203.425.) The purpose of AB 1076 was to remove barriers to housing and employment for convicted and arrested individuals in order to foster their successful reintegration into the community.

AB 200 (Budget Committee), Chapter 58, Statutes of 2022, delayed the implementation date of AB 1076 related to prohibiting dissemination of criminal records for which relief was granted to January 1, 2023. SB 731 (Durazo), Chapter 814, Statutes of 2022, expanded automatic arrest record and conviction relief to additional felony offenses, and delayed the effective date to July 1, 2023.

Under existing law effective July 1, 2023, automatic relief applies to a defendant who was convicted of a felony on or after January 1, 2005, and who has successfully completed their sentence (including any term of probation) after having had their probation revoked. SB 763 (Durazo), of the 2023-2024 Legislative Session, would apply this relief to convictions occurring on or after January 1, 1973.

Under existing law effective July 1, 2023, automatic conviction record relief does not apply to a defendant who has a misdemeanor conviction, and who has successfully completed their sentence (including any term of probation) after having had their probation revoked.

This bill would expand automatic record relief to include misdemeanor convictions occurring on or after January 1, 1973, in which the person, although having had probation revoked, thereafter successfully completes their sentence and any probation.

This bill would also require the DOJ to provide confirmation that relief was granted if the subject of the criminal records requests it.

Argument in Support: According to Californians for Safety and Justice, the sponsor of this bill, “In 2019, Governor Newsom signed AB 1076 (Ting), which requires the California Department of Justice (DOJ) to automate arrest and conviction relief for specified records dating back to January 1, 1973. To ensure that all impacted Californians benefit from the relief, AB 567 would clarify the author's original intent in AB 1076.”
Argument in Opposition: None on file
Related Legislation: SB 763 (Durazo) , would apply automatic conviction record relief to specified felony convictions occurring on or after January 1, 1973, instead of on or after January 1, 2005. SB 763 is pending hearing in the Senate Public Safety Committee on April 11, 2023.
Prior Legislation:
1. SB 731 (Durazo), Chapter 814, Statutes 2022, as relevant here, expanded automatic arrest record and conviction relief to additional felony offenses, as specified.
2. AB 1038 (Ting), of the 2021-2022 Legislative Session, would have required DOJ, on a monthly basis, to review the records in the statewide criminal justice databases and to identify persons who are eligible for arrest record relief or automatic conviction record relief by having their arrest records, or their criminal conviction records, withheld from disclosure or modified, as specified, for all convictions that occurred on or after January 1, 1973, rather than just those that occurred on or after January 1, 2021. The provisions of this bill would have been operative on July 1, 2022, subject to an appropriation in the annual Budget Act. AB 1038 was not heard in the Senate Public Safety Committee.
3. SB 118 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2020, adjusted the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019.
4. AB 88 (Committee on Budget), of the 2019-2020 Legislative Session, would have adjusted the timeline for implementation of AB 1076 (Ting), Chapter 578, Statutes of 2019. AB 88 died on the Senate inactive file.
5. AB 1076 (Ting), Chapter 578, Statutes of 2019, requires the DOJ, as of January 1, 2021, and subject to an appropriation, to review its criminal justice databases on a weekly basis, identify persons who are eligible for relief by having either their arrest records or conviction records withheld from disclosure, with specified exceptions, and required the DOJ to grant that relief to the eligible person without a petition or motion to being filed on the person's behalf.

REGISTERED SUPPORT / OPPOSITION:

Support

California for Safety and Justice (Sponsor)

California Public Defenders Association (CPDA)

Opposition

None

Analysis Prepared by:

Discussed in Hearing

49SEC

Authors shown for version:
Chaptered (10/8/2023)


Version: June 27, 2023	Policy Vote: PUB. S. 5 - 0
Urgency: No	Mandate: No
Hearing Date: September 1, 2023	Consultant: Matthew Fleming

AB 567: Criminal records: relief.

Current Status:

What does this bill do?

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CSA1 Bill Id:AB 567

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Bill No: AB 567

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The purpose of this bill is to extend the automatic conviction record relief to misdemeanor convictions where the sentence has been successfully completed following a revocation of probation.

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ATR Bill Id:AB 567

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