Plain English Breakdown
The official text does not define exactly what 'license' means, referring instead to existing definitions.
AB-479: Court Rules for Clearing Criminal Records When a License Is Involved
This law adds new steps courts must take before clearing a criminal record if the person holds a professional license and their crime is closely tied to that job.
What This Bill Does
- Requires courts to check how clearing a conviction affects public health, safety, and welfare for people with licenses when the offense is related to their job duties.
- Mandates that petitioners who hold a license send their request and proof documents to the agency that issued their license.
- Gives licensing agencies 45 days to reply after receiving the petition.
Who It Names or Affects
- People with professional licenses who were arrested or convicted of nonviolent crimes while being victims of intimate partner violence or sexual violence.
- Courts that review petitions to clear criminal records (vacatur relief).
- State agencies that issue professional licenses.
Terms To Know
- Vacatur relief
- A court order that clears a criminal conviction from a person's record.
- Licensee
- A person who holds an official permit to work in a specific profession or trade.
Limits and Unknowns
- The new rules only apply if the crime is substantially related to the job duties of the licensed person.
- The text does not specify what happens if a licensing agency fails to respond within 45 days.
- This law applies only when the petitioner holds a license as defined by existing laws.