BILL NUMBER: AB 2396	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 21, 2014

   An act to amend Section 1203.41 of the Penal Code, relating to
expungement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2396, as introduced, Bonta. Convictions: expungement.
   Existing law authorizes a court to allow a defendant sentenced to
a county jail for a felony to withdraw his or her plea of guilty or
plea of nolo contendere and enter a plea of not guilty after the
lapse of one or 2 years following the defendant's completion of the
sentence, as specified, provided that the defendant is not under
supervision, as specified, and is not serving a sentence for, on
probation for, or charged with the commission of any offense.
Existing law releases the defendant from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as specified.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1203.41 of the Penal Code is amended to read:
   1203.41.  (a) If a defendant is sentenced pursuant to paragraph
(5) of subdivision (h) of Section 1170, the court, in its discretion
and in the interests of justice, may order the following relief,
subject to the conditions of subdivision (b):
   (1) The court may permit the defendant to withdraw his or her plea
of guilty or plea of nolo contendere and enter a plea of not guilty,
or, if he or she has been convicted after a plea of not guilty, the
court shall set aside the verdict of guilty, and, in either case, the
court shall thereupon dismiss the accusations or information against
the defendant and he or she shall thereafter be released from all
penalties and disabilities resulting from the offense of which he or
she has been convicted, except as provided in Section 13555 of the
Vehicle Code.
   (2) The relief available under this section may be granted only
after the lapse of one year following the defendant's completion of
the sentence, if the sentence was imposed pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, or after the
lapse of two years following the defendant's completion of the
sentence, if the sentence was imposed pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170.
   (3) The relief available under this section may be granted only if
the defendant is not under supervision pursuant to subparagraph (B)
of paragraph (5) of subdivision (h) of Section 1170, and is not
serving a sentence for, on probation for, or charged with the
commission of any offense.
   (4) The defendant shall be informed, either orally or in writing,
of the provisions of this section and of his or her right, if any, to
petition for a certificate of rehabilitation and pardon at the time
he or she is sentenced.
   (5) The defendant may make the application and change of plea in
person or by attorney, or by a probation officer authorized in
writing.
   (b) Relief granted pursuant to subdivision (a) is subject to the
following conditions:
   (1) In  any   a  subsequent prosecution
of the defendant for any other offense, the prior conviction may be
pleaded and proved and shall have the same effect as if the
accusation or information had not been dismissed.
   (2) The order shall state, and the defendant shall be informed,
that the order does not relieve him or her of the obligation to
disclose the conviction in response to any direct question contained
in any questionnaire or application for public office, for licensure
by any state or local agency, or for contracting with the California
State Lottery Commission.
   (3) Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his or
her custody or control any firearm or prevent his or her conviction
under Chapter 2 (commencing with Section 29800) of Division 9 of
Title 4 of Part 6.
   (4) Dismissal of an accusation or information underlying a
conviction pursuant to this section does not permit a person
prohibited from holding public office as a result of that conviction
to hold public office.
   (c) This section applies to any conviction specified in
subdivision (a) that occurred before, on, or after January 1, 2014.
   (d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs 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 costs 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 costs 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 any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
   (e) (1) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
   (2) It shall be presumed that the prosecuting attorney has
received notice if proof of service is filed with the court.
   (f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.