AB 702

Bill Subjects

Abstract

Under existing law, after a person has reached 18 years of age, the person may petition a court to seal all records relating to the person's case in the custody of a juvenile court if he or she has not been subsequently convicted of a felony or misdemeanor involving moral turpitude, and if rehabilitation has been attained to the satisfaction of the court. Under existing law, a person may have a conviction for a misdemeanor set aside if the court, in its discretion and the interests of justice, determines that a defendant should be granted relief, provided that the petitioner is not then serving a sentence for any other offense, is not on probation for another offense, and is not being charged with any other offense. This bill would provide that a person who was adjudicated a ward of the court for the commission of a violation of specified provisions prohibiting prostitution may petition a court to have his or her records sealed as pertains to the prostitution offenses without showing that he or she has not been subsequently convicted of a felony or misdemeanor involving moral turpitude, or that rehabilitation has been attained, as provided. The bill would provide that a person who was 18 years of age or older, or who was under 18 years of age but was tried as an adult, at the time of a commission of a violation of specified provisions prohibiting prostitution may petition a court to allow the petitioner to withdraw his or her plea of guilty or plea of nolo contender and enter a plea of not guilty, or to have the court set aside the verdict. The bill would require the court to grant the petition if the petitioner has made a satisfactory showing that the violation was a result of the petitioner having been a victim of human trafficking. The bill would provide that the relief provided by the bill would not apply to a person who paid money, or attempted to pay money, to any person for the purposes of prostitution, as specified. The bill would provide that these provisions apply to convictions and adjudications that occurred before and after the effective date of the bill.