Crimes: records: sealing.

Plain English Breakdown

The official summary does not provide specific information on how long it will take for records to be sealed after a petition is granted, which remains an unknown.

Sealing Criminal Records for Certain Offenses

AB-2384 allows individuals who were arrested but not convicted or those convicted of certain nonviolent offenses to petition the court to seal their records after four years if they have no new convictions during that period.

What This Bill Does

• Allows people who were arrested for a charge that did not result in conviction to ask the court to seal their arrest record after four years without any new crimes.
• Permits individuals convicted of certain eligible nonviolent offenses, excluding serious or violent felonies and sex offenses, to petition the court to seal their records after four years if they have no new convictions during this period.
• Requires courts granting relief to order law enforcement agencies to seal and destroy their related records.
• Excludes specific types of crimes from being sealed, such as serious or violent felonies and sex offenses.
• Authorizes criminal justice agencies to access sealed records when required by an initiative statute.

Who It Names or Affects

• People who were arrested but not convicted for certain offenses
• Individuals convicted of eligible nonviolent offenses
• Law enforcement agencies that must seal and destroy related records

Terms To Know

Eligible offense

A crime that is not a serious or violent felony, nor a sex offense, for which someone can petition to have their record sealed.

Vacatur relief

An order from the court that cancels an arrest or conviction and allows records to be sealed.

Limits and Unknowns

• The bill imposes additional duties on local law enforcement agencies.
• It does not specify how long it will take for records to be sealed after a petition is granted.
• The bill requires state reimbursement for certain costs mandated by the state to local agencies.

Official Summary Text

AB 2384, as amended, Lowenthal.
Crimes: human trafficking.
Crimes:
records: sealing.
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.
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.
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.
Under existing law, a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or for the purpose of prostitution or sexual exploitation, is guilty of the crime of human trafficking and subject to imprisonment. Existing law authorizes a court to order a defendant, convicted of the crime of human trafficking, to pay an additional fine not to exceed $1,000,000.
This bill would make a technical, nonsubstantive change to that provision.

Current Bill Text

Download Bill PDF