CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 704Introduced by Assembly Member LowenthalFebruary 14, 2025 An act to add Section 1203.48 to the Penal Code, relating to criminal records. LEGISLATIVE COUNSEL'S DIGESTAB 704, as introduced, 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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1203.48 is added to the Penal Code, to read:1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 704Introduced by Assembly Member LowenthalFebruary 14, 2025 An act to add Section 1203.48 to the Penal Code, relating to criminal records. LEGISLATIVE COUNSEL'S DIGESTAB 704, as introduced, 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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 704
Introduced by Assembly Member LowenthalFebruary 14, 2025
Introduced by Assembly Member Lowenthal
February 14, 2025
An act to add Section 1203.48 to the Penal Code, relating to criminal records.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 704, as introduced, 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.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 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.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1203.48 is added to the Penal Code, to read:1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1203.48 is added to the Penal Code, to read:1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
SECTION 1. Section 1203.48 is added to the Penal Code, to read:
### SECTION 1.
1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the arrestee has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.(g) A sealing and destruction order granted by the court under this section shall do all of the following:(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.(3) Notify the Department of Justice that sealing and destruction relief has been ordered.(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:(A) Any law enforcement agency having jurisdiction over the offense.(B) The Department of Justice.(C) Any law enforcement agency that arrested the petitioner.(D) Any law enforcement agency that participated in the arrest of the petitioner.(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.(o) For the purposes of this section, the following definitions apply:(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
1203.48. (a) If a person was arrested for or convicted of an eligible offense before the person was 26 years of age, and the requirements in subdivision (b) are met, the person may petition the court for sealing and destruction relief of their convictions and arrests under this section. Records of arrest that did not result in a conviction are eligible for sealing and destruction relief if any of the following are true:
(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.
(2) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:
(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
(B) No conviction occurred and the arrestee has been acquitted of the charges.
(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.
(b) If a person is arrested for or convicted of an eligible offense, the court may order sealing and destruction relief if four years have elapsed since the date on which the defendant was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense.
(c) The petition for sealing and destruction relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing and destruction is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.
(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.
(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:
(1) Testimony by the petitioner, which may be required in support of the petition.
(2) Evidence and supporting documentation in support of the petition.
(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.
(f) After considering the totality of the evidence presented, the court may order sealing and destruction relief if it finds it is in the best interest of justice.
(g) A sealing and destruction order granted by the court under this section shall do all of the following:
(1) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner.
(2) Set forth a finding that the arrest, conviction, or adjudication has been granted sealing and destruction relief and is deemed to have not occurred.
(3) Notify the Department of Justice that sealing and destruction relief has been ordered.
(h) Notwithstanding subdivision (g), a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.
(i) (1) If the court issues a sealing and destruction order under this section, the court shall also order all of the following agencies to seal and destroy their records:
(A) Any law enforcement agency having jurisdiction over the offense.
(B) The Department of Justice.
(C) Any law enforcement agency that arrested the petitioner.
(D) Any law enforcement agency that participated in the arrest of the petitioner.
(E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole.
(2) Any government agency described in paragraph (1) shall seal its records of arrest, conviction, and the court order to seal and destroy the records within 90 days after the court order is granted. The agency shall thereafter destroy their records of the arrest, conviction, and court order to seal and destroy those records within one year of the date of the court order.
(3) The court shall provide the petitioner and petitioners counsel a certified copy of any court order concerning the sealing and destruction of the records subject to the order. The court shall provide the petitioner and petitioners counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest and conviction records.
(4) Upon destroying the records as described in paragraph (2), the Department of Justice shall forward the order to the Federal Bureau of Investigation and request the deletion of any records of the arrest or conviction subject to the order.
(5) The Department of Justice shall notify the petitioner and the petitioners counsel that the department has complied with the order to seal and destroy the arrest or conviction records by the applicable deadline.
(j) Notwithstanding any other law, the court shall maintain a sealed copy of the sealing and destruction order and a sealed copy of the records subject to the order granted under this section, which shall not be distributed to any recipient except the petitioner and the petitioners counsel.
(k) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section is released from all penalties and disabilities resulting from the arrest or conviction and may lawfully deny or refuse to acknowledge an arrest or conviction that is granted sealing and destruction relief pursuant to the order.
(l) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioners full name.
(m) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.
(n) Notwithstanding any other provision of this section, a conviction record shall not be sealed or destroyed if that sealing or destruction would conflict with a penalty scheme required to be imposed under the terms of an initiative statute.
(o) For the purposes of this section, the following definitions apply:
(1) Eligible offense means any offense other than an offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.
(2) Sealing and destruction relief means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge that was granted relief.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.