Josh Lowenthal
- Democratic
- Assemblymember
- District 69
Author
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense. This bill would authorize a person arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age to petition the court to have their records of that conviction or arrest sealed and destroyed if 4 years have elapsed since the date on which the person was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal and destroy their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, a sex offense, or an offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction. 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 the statutory provisions noted above.
In committee: Held under submission.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 8). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 17. Page 2057.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
In committee: Set, first hearing. Referred to suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 25). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB704 | HTML |
| 02/14/25 - Introduced | |
| 03/20/25 - Amended Assembly |
| Document | Format |
|---|---|
| 03/24/25- Assembly Public Safety | |
| 04/28/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/06/25- Senate Public Safety | |
| 08/15/25- Senate Appropriations |
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