Amended IN Senate April 21, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 245Introduced by Senator ReyesJanuary 30, 2025 An act to amend Section 1203.4b of the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 245, as amended, Reyes. Criminal procedure.Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.This bill would require the Department of Corrections and Rehabilitation and county authorities to report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The bill would require the Department of Justice to evaluate the information provided and additional records, as specified, to determine whether the defendant is entitled to the above-described conviction relief. The bill would require the Department of Justice to contact those defendants that it determines are entitled to relief and, upon the defendants request, to file a petition on the defendants behalf. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose 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.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 1203.4b of the Penal Code is amended to read:1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.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.
Amended IN Senate April 21, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 245Introduced by Senator ReyesJanuary 30, 2025 An act to amend Section 1203.4b of the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 245, as amended, Reyes. Criminal procedure.Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.This bill would require the Department of Corrections and Rehabilitation and county authorities to report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The bill would require the Department of Justice to evaluate the information provided and additional records, as specified, to determine whether the defendant is entitled to the above-described conviction relief. The bill would require the Department of Justice to contact those defendants that it determines are entitled to relief and, upon the defendants request, to file a petition on the defendants behalf. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate April 21, 2025 Amended IN Senate March 26, 2025
Amended IN Senate April 21, 2025
Amended IN Senate March 26, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 245
Introduced by Senator ReyesJanuary 30, 2025
Introduced by Senator Reyes
January 30, 2025
An act to amend Section 1203.4b of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 245, as amended, Reyes. Criminal procedure.
Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.This bill would require the Department of Corrections and Rehabilitation and county authorities to report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The bill would require the Department of Justice to evaluate the information provided and additional records, as specified, to determine whether the defendant is entitled to the above-described conviction relief. The bill would require the Department of Justice to contact those defendants that it determines are entitled to relief and, upon the defendants request, to file a petition on the defendants behalf. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose 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 allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician.
This bill would require the Department of Corrections and Rehabilitation and county authorities to report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The bill would require the Department of Justice to evaluate the information provided and additional records, as specified, to determine whether the defendant is entitled to the above-described conviction relief. The bill would require the Department of Justice to contact those defendants that it determines are entitled to relief and, upon the defendants request, to file a petition on the defendants behalf. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, the bill would impose 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1203.4b of the Penal Code is amended to read:1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.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 1203.4b of the Penal Code is amended to read:1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.
SECTION 1. Section 1203.4b of the Penal Code is amended to read:
### SECTION 1.
1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.
1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.
1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:(A) Murder.(B) Kidnapping.(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(D) Lewd acts on a child under 14 years of age, as defined in Section 288.(E) A felony punishable by death or imprisonment in the state prison for life.(F) A sex offense requiring registration pursuant to Section 290.(G) Escape from a secure perimeter within the previous 10 years.(H) Arson.(2) Any denial of relief pursuant to this section shall be without prejudice.(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.(3) The defendant may make the application and change of plea in person or by attorney.(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.(d) Relief granted pursuant to this section is subject to the following conditions:(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.
1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:
###### 1203.4b.
(A) Murder.
(B) Kidnapping.
(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(D) Lewd acts on a child under 14 years of age, as defined in Section 288.
(E) A felony punishable by death or imprisonment in the state prison for life.
(F) A sex offense requiring registration pursuant to Section 290.
(G) Escape from a secure perimeter within the previous 10 years.
(H) Arson.
(2) Any denial of relief pursuant to this section shall be without prejudice.
(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.
(b) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.
(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).
(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.
(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.
(5) (A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.
(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.
(6) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendants arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.
(c) (1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.
(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.
(3) The defendant may make the application and change of plea in person or by attorney.
(4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.
(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d) Relief granted pursuant to this section is subject to the following conditions:
(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.
(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.
(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the persons custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief.
(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
(g) (1) The Department of Corrections and Rehabilitation, the Board of State and Community Corrections, Rehabilitation and a county authority shall report monthly to the Department of Justice those individuals who have been released from custody and have successfully participated as an incarcerated individual hand crew member or have successfully completed an institutional firehouse program in the prior 30 days. The report shall include, but not be limited to, the date of completion of the program and the date of release of the individual.
(2) The Department of Justice shall collect and maintain data relating to the number of individuals who successfully participated as an incarcerated individual hand crew member or successfully completed an institutional firehouse program and the outcomes of petitions filed pursuant to this section.
(h) (1) The Department of Justice, upon receipt of the information described in paragraph (1) of subdivision (g), shall evaluate the information provided and any records in the California Law Enforcement Telecommunications System to determine whether the defendant is entitled to relief pursuant to this section.
(2) The Department of Justice shall notify any defendant it determines to be eligible that they may be entitled to relief pursuant to this section and shall, upon the defendants request, file a petition for relief on the defendants behalf.
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.