Criminal records: relief.

Plain English Breakdown

The bill text does not specify the exact content or format of the certificate of disposition, only that it is required upon request.

Criminal Records: Relief

The bill requires the Department of Justice to conclude there are no pending charges if at least three years have passed without new activity related to a record and mandates courts to include specific notes in local criminal databases when relief is granted.

What This Bill Does

• Requires the Department of Justice (DOJ) to conclude that there are no pending criminal charges if at least three years have elapsed with no new activity related to a record.
• Requires the DOJ to notify superior courts monthly about cases where conviction records can be automatically cleared based on eligibility criteria.
• Requires local courts to include notes in criminal history information provided to recipients, stating that relief has been granted and listing the date of notification from the DOJ.

Who It Names or Affects

• People who have convictions eligible for automatic record relief under specified criteria.
• Courts that handle criminal cases and maintain local criminal databases.
• The Department of Justice which reviews statewide criminal justice databases monthly.

Terms To Know

Automatic Conviction Record Relief

A process where certain convictions are cleared automatically based on eligibility criteria without the need for an individual to apply.

Statewide Criminal Justice Databases

Databases maintained by the Department of Justice that contain criminal records from across California.

Limits and Unknowns

• The bill requires local courts to include specific notes in criminal history information, which may increase workload for court staff.
• It is unclear how many people will benefit from automatic record relief under these new criteria.

Official Summary Text

SB 834, as amended, Durazo.
Criminal records: relief.
Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice’s record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges.
This bill would require, in determining whether there is a pending criminal charge based on the department’s records, the department to conclude that there is no indication of
pending criminal charges if at least 3 years have elapsed with no new activity related to that record.
Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency.
This bill would require local summary criminal history information provided by the court to any recipient to include notes for any entries for which relief has been granted
indicating that relief has been granted pursuant to the above provisions and listing the date the court received notice from the department. The bill would require this note to be included in all local criminal databases maintained by the court.
This bill would also require a court, upon the request of the subject of a record granted relief, to furnish a certificate of disposition confirming the court’s receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions.
By placing additional duties on court staff, this bill would create a state-mandated local program.
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.
Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief based on specified criteria.
This bill would make a technical, nonsubstantive change to those provisions.

Current Bill Text

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