CaliforniaCrimes: records: sealing.
What it does
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense.
More detail
This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 24Ordered to inactive file at the request of Senator Ashby.Latest
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 5. Noes 2.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 1From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 30). Re-referred to Com. on APPR.Minor
- Jun 30
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 3Referred to Com. on PUB. S.Minor
- May 27In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2384 Lowenthal Assembly Third Reading. Result: pass.Lower
- May 26Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 18. Page 5349.)Passed Assembly
- May 19Read second time. Ordered to third reading.Minor
- May 18Read second time and amended. Ordered returned to second reading.Major
- May 14From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 14).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- May 14Joint Rule 62(a), file notice suspended. (Page 5030.)
- May 13In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 15From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 14). Re-referred to Com. on APPR.Minor
- Apr 15Coauthors revised.
- Apr 14
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 17Re-referred to Com. on PUB. S.Minor
- Mar 16From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 16Referred to Com. on PUB. S.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced