Bill Text: CA AB1756 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Court records: sealing and destruction.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1756 Detail]

Download: California-2013-AB1756-Amended.html

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BILL NUMBER: AB 1756	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Brown, Jones-Sawyer, and Weber)

                        FEBRUARY 14, 2014

   An act to amend Section 1203.45 of the Penal Code, and to amend
 Section   Sections 781 and  903.3 of the
Welfare and Institutions Code, relating to court records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1756, as amended, Skinner. Court records: sealing and
destruction.
   (1) Existing law authorizes a person to petition the court for an
order sealing the record of conviction and other official records in
a case in which that person was under 18 years of age at the time of
commission of a misdemeanor and is eligible for, or has previously
received, specified relief. Existing law authorizes that person to be
required to reimburse the court, the county, or any city for the
actual cost of services rendered, as specified.
   This bill would only make persons 26 years of age or older liable
to reimburse the court, the county, or any city for the cost of
services.
   (2) Existing law authorizes, except as specified, in a case in
which a petition has been filed with a juvenile court to commence
proceedings to adjudge a person a ward of the court, in a case in
which a person is cited to appear before a probation officer or is
taken before a probation officer pursuant to a specified provision of
law, or in a case in which a minor is taken before an officer of a
law enforcement agency, the person or the county probation officer to
petition the court for the sealing of arrest records and records
relating to the person's case in the custody of the juvenile court
and the probation officer and any other agencies, including law
enforcement agencies and public officials as the petitioner alleges
to have custody of the records. Existing law authorizes the petition
to be filed 5 years or more after the jurisdiction of the juvenile
court has terminated or, if no petition was filed, 5 years or more
after the person was cited to appear before a probation officer or
was taken before a probation officer or law enforcement officer, or,
in any case, at any time after the person reaches 18 years of age.
 Existing law also requires, except as provided, the court to
order the juvenile court records sealed pursuant to these provisions
destroyed, as specified, and authorizes other agencies in possession
of sealed records to destroy the records 5 years after the record was
ordered sealed.  
   This bill would instead require a court to, at the time the
jurisdiction of the juvenile court has terminated as to the person,
order all records, papers, and exhibits in the person's case in the
custody of the juvenile court and other agencies, entities, and
officials sealed and destroyed. This bill would retain the
prohibition in existing law prohibiting a court from ordering the
person's records sealed in any case in which the person has been
found by the juvenile court to have committed any specified offenses
when he or she had attained 14 years of age and prohibiting records
from being destroyed if the subject of the record is found to be a
within the jurisdiction of the juvenile court because of the
commission of the same specified offenses when he or she was 14 years
of age or older. The bill would, in any case in which a petition is
not filed with the court, require the probation department or law
enforcement agency to seal all records, as specified, at the time at
which the decision was made to not refer the person to the probation
department or the district attorney's office, and to destroy those
records when the person who is the subject of the record reaches 18
years of age. The bill would also make conforming changes. 
   Existing law makes a father, mother, spouse, or other person
liable for the support of a minor person, the person himself or
herself if he or she is an adult, or the estates of those persons,
unless indigent, liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to the above-mentioned
provisions. Existing law also authorizes those persons to be required
to reimburse the court, county, or a city for the actual cost of
services rendered, as specified.
   This bill would only require persons 26 years of age or older who
petitions for an order sealing his or her record, pursuant to
specified provisions, to be liable for the investigative costs and to
reimburse the costs of services rendered.
   (3) By permitting certain persons to receive services from local
agencies free of charge, the bill would increase the level of service
provided by those local agencies, thereby imposing 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.45 of the Penal Code is amended to read:
   1203.45.  (a) In a case in which a person was under 18 years of
age at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether  the  defendant was acquitted
or charges were dismissed. If the court finds that the person was
under 18 years of age at the time of the commission of the
misdemeanor, and is eligible for relief under Section 1203.4 or
1203.4a or has previously received that relief, it may issue its
order granting the relief prayed for. Thereafter the conviction,
arrest, or other proceeding shall be deemed not to have occurred, and
the petitioner may answer accordingly any question relating to their
occurrence.
   (b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
   (c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
   (d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
   (1) One of the offenses includes the other or others.
   (2) The other conviction or convictions were for the following:
   (A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
   (B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
   (3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
   (e) This section shall apply in a case in which a person was under
21 years of age at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
   (f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (g) A person who is 26 years of age or older and petitions for an
order sealing a record under this section may be required to
reimburse the court for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the court, not to exceed one
hundred fifty dollars ($150), and to reimburse the county for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors, not to exceed one
hundred fifty dollars ($150), and to reimburse any city for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the city council, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in a case in which the petitioner appears to
have the ability to pay, without undue hardship, all or any portion
of the cost for services established pursuant to this subdivision.
   SEC. 2.    Section 781 of the   Welfare and
Institutions Code   is amended to read:  
   781.  (a) In any case in which a petition has been filed with a
juvenile court to commence proceedings to adjudge a person a ward of
the court, in any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, the person or the county
probation officer may, five years or more after the jurisdiction of
the juvenile court has terminated as to the person, or, in a case in
which no petition is filed, five years or more after the person was
cited to appear before a probation officer or was taken before a
probation officer pursuant to Section 626 or was taken before any
officer of a law enforcement agency, or, in any case, at any time
after the person has reached the age of 18 years, the records,
including records of arrest, relating to the person's case, in the
custody of the juvenile court and probation officer and any other
agencies, including law enforcement agencies, and public officials as
the petitioner alleges, in his or her petition, to have custody of
the records. The court shall notify the district attorney of the
county and the county probation officer, if he or she is not the
petitioner, and the district attorney or probation officer or any of
their deputies or any other person having relevant evidence may
testify at the hearing on the petition. If, after hearing, the court
finds that since the termination of jurisdiction or action pursuant
to Section 626, as the case may be, he or she has not been convicted
of a felony or of any misdemeanor involving moral turpitude and that
rehabilitation has been attained to the satisfaction of the court, it
shall order all records, papers, and exhibits in the person's case
in the custody of the juvenile court sealed, including the juvenile
court record, minute book entries, and entries on dockets, and any
other records relating to the case in the custody of the other
agencies and officials as are named in the order. In any case in
which a ward of the juvenile court is subject to the registration
requirements set forth in Section 290 of the Penal Code, a court, in
ordering the sealing of the juvenile records of the person, also
shall provide in the order that the person is relieved from the
registration requirement and for the destruction of all registration
information in the custody of the Department of Justice and other
agencies and officials. Notwithstanding any other provision of law,
the court shall not order the person's records sealed in any case in
which the person has been found by the juvenile court to have
committed an offense listed in subdivision (b) of Section 707 when he
or she had attained 14 years of age or older. Once the court has
ordered the person's records sealed, the proceedings in the case
shall be deemed never to have occurred, and the person may properly
reply accordingly to any inquiry about the events, the records of
which are ordered sealed. The court shall send a copy of the order to
each agency and official named therein, directing the agency to seal
its records and stating the date thereafter to destroy the sealed
records. Each such agency and official shall seal the records in its
custody as directed by the order, shall advise the court of its
compliance, and thereupon shall seal the copy of the court's order
for sealing of records that it, he, or she received. The person who
is the subject of records sealed pursuant to this section may
petition the superior court to permit inspection of the records by
persons named in the petition, and the superior court may so order.
Otherwise, except as provided in subdivisions (b) and (e), the
records shall not be open to inspection. 
    781.    (a) (1) (A) In any case in which a petition
has been filed with a juvenile court to commence proceedings to
adjudge a person a ward of the court, the court shall, at the time
the jurisdiction of the juvenile court has terminated as to the
person, order all records, papers, and exhibits in the person's case
in the custody of the juvenile court sealed and destroyed, including
the juvenile court record, minute book entries, and entries on
dockets, and any other records relating to the case in the custody of
the other agencies, entities, and officials as are named in the
order. Once the court has ordered the person's records sealed and
destroyed, the proceedings in the case shall be deemed never to have
occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are ordered sealed.
 
   (B) The court shall send a copy of the order to each agency,
entity, and official named therein, directing the agency or entity to
seal and destroy its records. Each agency, entity, and official
shall seal and destroy the records in its custody as directed by the
order, shall advise the court of its compliance, and thereupon shall
seal the copy of the court's order for sealing of records that it,
he, or she received.  
   (C) In any case in which a ward of the juvenile court is subject
to the registration requirements set forth in Section 290 of the
Penal Code, a court, in ordering the sealing of the juvenile records
of the person, shall also provide in the order that the person is
relieved from the registration requirement and for the destruction of
all registration information in the custody of the Department of
Justice and other agencies, entities, and officials.  
   (D) Notwithstanding any other law, the court shall not order the
person's records sealed in any case in which the person has been
found by the juvenile court to have committed an offense listed in
subdivision (b) of Section 707 when he or she had attained 14 years
of age or older.  
   (2) In any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, and no petition is filed, the
probation department or law enforcement agency shall, at the time at
which the decision was made to not refer the person to the probation
department or to the district attorney's office, seal all records,
including records of arrest, relating to the person's case, in the
custody of the probation department and law enforcement agency. Once
the records have been sealed, the events shall be deemed never to
have occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are sealed. The
probation department or law enforcement agency shall destroy the
records sealed pursuant to this paragraph when the person who is the
subject of the record reaches 18 years of age.  
   (3) The person who is the subject of records sealed pursuant to
this section may petition the superior court to permit inspection of
the records by persons named in the petition, and the superior court
may so order. Otherwise, except as provided in subdivision (b), the
records shall not be open to inspection. 
   (b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (c) (1) Subdivision (a) does not apply to Department of Motor
Vehicle records of any convictions for offenses under the Vehicle
Code or any local ordinance relating to the operation, stopping and
standing, or parking of a vehicle where the record of any such
conviction would be a public record under Section 1808 of the Vehicle
Code. However, if a court orders a case record containing any such
conviction to be sealed under this section, and if the Department of
Motor Vehicles maintains a public record of such a conviction, the
court shall notify the Department of Motor Vehicles of the sealing
and the department shall advise the court of its receipt of the
notice. 
   Notwithstanding 
    (2)     Notwithstanding  any other
 provision of  law, subsequent to the notification,
the Department of Motor Vehicles shall allow access to its record of
convictions only to the subject of the record and to insurers which
have been granted requestor code numbers by the department. Any
insurer to which such a record of conviction is disclosed, when such
a conviction record has otherwise been sealed under this section,
shall be given notice of the sealing when the record is disclosed to
the insurer. The insurer may use the information contained in the
record for purposes of determining eligibility for insurance and
insurance rates for the subject of the record, and the information
shall not be used for any other purpose nor shall it be disclosed by
an insurer to any person or party not having access to the record.

   (2) 
    (3)  This subdivision shall not  be construed as
preventing   prevent  the sealing of any record
 which   that  is maintained by any agency
or party other than the Department of Motor Vehicles. 
   (3) 
    (4)  This subdivision shall not  be construed as
affecting   affect  the procedures or authority of
the Department of Motor Vehicles for purging department records.
   (d)  Unless for good cause the court determines that the
juvenile court record shall be retained, the court shall order the
destruction of a person's juvenile court records that are sealed
pursuant to this section as follows: five years after the record was
ordered sealed, if the person who is the subject of the record was
alleged or adjudged to be a person described by Section 601; or when
the person who is the subject of the record reaches the age of 38 if
the person was alleged or adjudged to be a person described by
Section 602, except that if   If  the subject of
the record was found to be a person described in Section 602 because
of the commission of an offense listed in subdivision (b) of Section
707 when he or she was 14 years of age or older, the record shall not
be destroyed. Any other agency in possession of sealed records may
destroy its records five years after the record was ordered sealed.

   (e) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
This access shall not be deemed an unsealing of the record and shall
not require notice to any other entity.  
   (f) 
    (e)  This section shall not permit the sealing of a
person's juvenile court records for an offense where the person is
convicted of that offense in a criminal court pursuant to the
provisions of Section 707.1. This subdivision is declaratory of
existing law. 
   (g) 
    (f)  (1) On and after January 1, 2015, each court and
probation department shall ensure that information regarding the
eligibility for and the procedures to request the sealing and
destruction of records pursuant to this section shall be provided to
each person who is either of the following:
   (A) A person for whom a petition has been filed on or after
January 1, 2015, to adjudge the person a ward of the juvenile court.
   (B) A person who is brought before a probation officer pursuant to
Section 626.
   (2) The Judicial Council shall, on or before January 1, 2015,
develop informational materials for purposes of paragraph (1) and
shall develop a form to petition the court for the sealing and
destruction of records pursuant to this section. The informational
materials and the form shall be provided to each person described in
paragraph (1) when jurisdiction is terminated or when the case is
dismissed.
   SEC. 2.   SEC. 3.   Section 903.3 of the
Welfare and Institutions Code is amended to read:
   903.3.  (a) A person who is 26 years of age or older shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person.
   (b) In the event a petition is filed for an order sealing a
record, a person who is 26 years of age or older may be required to
reimburse the county and court for the actual cost of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the county board of
supervisors for the county and by the court for the court, not to
exceed one hundred fifty dollars ($150). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 of the
Penal Code and shall not be a prerequisite to a person's eligibility
under this section. The court may order reimbursement in any case in
which the petitioner appears to have the ability to pay, without
undue hardship, all or any portion of the cost for services.
   (c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
   (d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
   SEC. 3.   SEC. 4.   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.