Criminal records: sealing.
The enactment of AB 2420 would have significant implications for individuals seeking to erase past arrests from their records, thereby potentially improving their employment and housing prospects. The bill mandates additional responsibilities for local law enforcement agencies, as they will need to handle the sealing process for these records. Consequently, it is also associated with state-mandated costs for local organizations, which the state may be required to reimburse, as stipulated by provisions in the California Constitution.
Assembly Bill 2420, introduced by Assembly Member Lowenthal, seeks to amend Section 851.91 of the Penal Code concerning the sealing of criminal records. The current law allows individuals arrested without a subsequent conviction to petition for the sealing of their arrest and related records. This bill expands those rights, enabling individuals whose convictions have been set aside and dismissed to similarly seek the sealing of their arrest records. This modification aims to facilitate the legal rehabilitation process for individuals who have had their charges dismissed, promoting their reintegration into society without the stigma of unsealed records.
One potential area of contention surrounding AB 2420 is the resource allocation for local law enforcement and the implications associated with state reimbursements. Opponents may raise concerns about whether local agencies can effectively manage the added responsibilities, particularly in terms of financial implications. Additionally, there may be debates regarding the fairness of allowing individuals with past convictions related to serious offenses, such as violent crimes, to seal their arrest records, depending upon the interpretation of how rehabilitation should be balanced with public safety concerns.