Bill > AB479

This bill expands existing law regarding vacatur relief for victims of intimate partner or sexual violence who have been arrested or convicted of nonviolent offenses. The bill introduces new requirements for individuals with professional licenses seeking to have their convictions vacated. Specifically, when a licensed person petitions to have a conviction vacated, the court must now consider the potential impact on public health, safety, and welfare, particularly if the offense is substantially related to the licensee's professional qualifications or duties. The bill mandates that such a petitioner must serve their petition and supporting documents not only on the prosecutorial agency but also on the relevant licensing entity, which will have 45 days to respond. This additional step ensures that professional licensing boards have an opportunity to provide input on how the vacatur might affect their industry or professional standards. The bill maintains the existing standard that the petitioner must prove by clear and convincing evidence that the offense was a direct result of being a victim of violence and that they lacked intent to commit the crime. By adding these provisions, the bill aims to provide a more comprehensive review process for vacatur relief that balances the interests of victims seeking to clear their records with the need to maintain professional standards and public safety.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB479