Plain English Breakdown
The official text states reimbursement depends on a future determination by the Commission on State Mandates; it does not confirm costs will definitely be reimbursed yet.
AB-2384: Sealing Criminal Records After Four Years
This law allows people who were arrested without a conviction or convicted of eligible offenses to ask a court to seal their records after waiting four years with no new convictions.
What This Bill Does
- Allows people arrested for any offense that did not result in a conviction to petition the court to have those records sealed if four years have passed since the arrest and they have had no new convictions.
- Lets people convicted of eligible offenses ask a judge to seal their records once four years have passed since completing prison time, probation, mandatory supervision, postrelease community supervision, or parole, provided they have not been convicted of a new offense during that time.
- Requires courts granting these petitions to order specified law enforcement agencies to seal the related records.
- Excludes serious felonies, violent crimes, and sex offenses from being considered eligible for sealing under this rule.
- Allows criminal justice agencies to access sealed conviction records if required by an initiative statute or to determine a defendant's eligibility for diversion programs.
Who It Names or Affects
- People who were arrested or charged with any offense that did not result in a conviction.
- People convicted of eligible offenses who have completed their sentences and waited four years without new convictions.
- Local law enforcement agencies required to seal records when ordered by the court.
Terms To Know
- Seal
- To hide a record from public view, though some government agencies may still access it for specific legal reasons.
- Eligible offense
- A crime that qualifies for sealing under this law; serious or violent felonies and sex offenses are excluded.
- Diversion
- A legal program where a defendant may avoid conviction by completing specific requirements instead of going through the normal trial process.
Limits and Unknowns
- The law does not apply to serious felonies, violent crimes, or sex offenses.
- People must wait four years after their arrest date or the end of any supervision time before they can ask for sealing.
- It is unclear if this bill will cost local agencies money that requires state reimbursement until the Commission on State Mandates reviews it.