Plain English Breakdown
The official text confirms the bill imposes state-mandated local programs but leaves actual reimbursement contingent on a future determination by the Commission on State Mandates.
AB-704: Destroying Criminal Records for Young Adults
This law allows people arrested or convicted of certain crimes before age 26 to ask a court to seal and destroy their records after waiting four years without new convictions.
What This Bill Does
- Allows people under the age of 26 at the time of arrest or conviction to petition for record destruction if they meet specific conditions.
- Requires a wait period of four years from the date of arrest or completion of all supervision terms, whichever is later.
- Mandates that courts order law enforcement agencies to seal and destroy records when granting this relief.
- Defines eligible offenses as those that are not violent felonies, sex offenses, or crimes used for sentence enhancements.
Who It Names or Affects
- People arrested or convicted of an eligible offense before turning 26 years old.
- Courts that review petitions to seal and destroy criminal records.
- Local law enforcement agencies required to carry out the sealing and destruction orders.
Terms To Know
- Eligible offense
- A crime that is not a violent felony, sex offense, or an offense used to increase sentences in future cases.
- Vacatur relief
- Legal action where a court sets aside a conviction and orders records sealed or destroyed.
Limits and Unknowns
- The bill does not apply to violent felonies, sex offenses, or crimes used for sentence enhancements.
- People must have no new convictions during the four-year waiting period after their arrest or supervision ends.
- Reimbursement costs depend on a future determination by the Commission on State Mandates.