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CA SB823
Bill
AI Summary
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Establishes a petition process for individuals arrested, convicted, or adjudicated in juvenile court for nonviolent offenses committed while victims of human trafficking to seek vacatur of convictions and sealing of records.
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Requires petitioners to prove by clear and convincing evidence that the arrest or conviction was the direct result of being a victim of human trafficking; petitions must be submitted under penalty of perjury.
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Authorizes courts to vacate convictions, dismiss charges, seal and destroy arrest records, and notify the Department of Justice upon finding the petitioner was a trafficking victim and engaged in good faith efforts to distance themselves from the trafficking scheme.
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Allows petitioners to appear telephonically, via videoconference, or by other electronic means if they have a compelling reason not to appear in person; prohibits disclosure of petitioners' full names in public records.
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Permits individuals who obtain relief to lawfully deny or refuse to acknowledge the set-aside arrest, conviction, or adjudication; prohibits distribution of records to state licensing boards.
Legislative Description
Criminal procedure: human trafficking.
Last Action
Chaptered by Secretary of State. Chapter 650, Statutes of 2016.
9/26/2016