CA AB2169

Petitioners seeking vacatur of convictions for nonviolent offenses committed while victims of human trafficking, intimate partner violence, or sexual violence must establish by clear and convincing evidence that the arrest or conviction was a direct result of victimization and demonstrates lack of requisite intent to commit the offense.

Upon such showing, courts must find the person lacked requisite intent and vacate the conviction as invalid due to legal defect at time of arrest or conviction.

Removed requirement that victims be engaged in good faith efforts to distance themselves from perpetrators and removed requirement that vacatur be in the best interest of the petitioner; courts need only find it is in the best interest of justice.

Court orders must result in sealing and destruction of arrest records by law enforcement agencies, the Department of Justice, and probation/corrections departments within specified timeframes (90 days to one year depending on offense type).

Petitioners may lawfully deny the arrest or conviction occurred after vacatur is granted, records cannot be distributed to state licensing boards, and court records must not disclose petitioner's full name.