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CA SB1045

Bill

Status

Introduced

2/18/2020

Primary Sponsor

Steven Bradford

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Allows persons whose convictions have been set aside and dismissed under Penal Code Sections 1203.4, 1203.4a, 1203.41, or 1203.42 to petition the court to seal their arrest and related records.

  • Requires petitions to seal records to be verified, filed at least 15 days before hearing, and served on the prosecuting attorney and law enforcement agency that made the arrest.

  • Establishes that petitioners are entitled to have records sealed as a matter of right, except for certain domestic violence, child abuse, or elder abuse cases where sealing requires showing it serves the interests of justice.

  • Requires courts to furnish a disposition report to the Department of Justice and issue a written ruling stating the arrest is deemed not to have occurred, with specified exceptions including disclosure requirements for public office, peace officer employment, and state licensure.

  • Imposes state-mandated local program duties on law enforcement agencies to seal arrest records, with reimbursement to be made pursuant to Government Code Part 7 if the Commission on State Mandates determines costs are incurred.

Legislative Description

Criminal records: sealing.

Last Action

March 31 hearing postponed by committee.

3/18/2020

Committee Referrals

Public Safety2/27/2020
Rules2/18/2020

Full Bill Text

No bill text available