California 2019-2020 Regular Session

California Assembly Bill AB3061

Introduced
2/21/20  

Caption

Dismissal of convictions: probation.

Impact

The impact of AB 3061 on California's legal landscape is notable in that it continues to promote the opportunity for rehabilitation for formerly convicted individuals. By adhering to existing statutes that allow for the dismissal of charges once probation is completed, the bill reinforces the principle that those who have served their time should have a pathway to reintegration into society. This represents an important legislative stance on second chances and reducing the burdens that a criminal record imposes on individuals seeking employment and social opportunities.

Summary

Assembly Bill No. 3061, introduced by Assembly Member Cooper, seeks to amend Section 1203.4 of the Penal Code, which pertains to the dismissal of convictions for individuals who have successfully completed their probation. The bill maintains the existing framework allowing defendants the opportunity to withdraw their guilty pleas or set aside verdicts of guilty, and dismiss the accusatory pleadings after the satisfaction of probation conditions. Its changes are primarily technical and nonsubstantive, intended to clarify and streamline the language of the law while preserving the established rights of individuals seeking rehabilitation.

Contention

While the bill does not introduce substantive new provisions, it exists within a broader discourse regarding criminal justice reform and the associated rights of individuals post-conviction. Critics may argue that any amendments, even technical ones, warrant scrutiny to ensure they do not inadvertently limit access to relief avenues previously available to defendants. Moreover, the delineation of which offenses are exempt from relief remains a contentious topic, as it continues to leave certain individuals without recourse to clear their records, particularly those convicted of specific serious offenses.

Companion Bills

No companion bills found.

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