Criminal records: destruction.

Plain English Breakdown

The official source does not provide specific details about reimbursement requirements, only that it will follow established procedures if mandated by the Commission on State Mandates.

Criminal Records: Destruction

This law allows people under 26 who were arrested or convicted of certain nonviolent crimes and have not committed new offenses for four years to ask the court to seal and destroy their records.

What This Bill Does

• Allows young adults (under 26) who were arrested or convicted of a nonviolent crime before turning 26 to petition the court to seal and destroy their criminal record if they have not committed any new crimes for four years after arrest or completion of sentence.
• Requires courts granting this relief to also order law enforcement agencies to seal and destroy their records related to these offenses.
• Defines an eligible offense as a nonviolent crime that is neither a violent felony nor a sex offense.
• Excludes certain serious or violent felonies, sex offenses, and other specific crimes from being eligible for record destruction.

Who It Names or Affects

• People who were arrested or convicted of nonviolent crimes before turning 26 years old.
• Local law enforcement agencies that must seal and destroy records when ordered by a court.

Terms To Know

Vacatur relief

A legal process where a court order or judgment is set aside, allowing the case to be reopened or dismissed.

State-mandated local program

A state law that requires local governments to perform certain duties or services, which may include financial costs.

Limits and Unknowns

• The bill does not specify an effective date for when the new provisions will take effect.
• It is unclear how many people would be eligible under this law and what the exact cost implications might be for local agencies.

Official Summary Text

AB 704, as amended, Lowenthal.
Criminal records: destruction.
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 arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age to petition the court to have their records of that conviction or arrest sealed and destroyed if 4 years have elapsed since the date on which the person was arrested or 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 and destroy their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would
define an eligible offense as any offense that is not a violent felony or a sex offense, as specified.
exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, a sex offense, or an offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction.
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.

Current Bill Text

Download Bill PDF