Bill > AB704

This bill introduces a new legal mechanism for individuals under 26 years old to petition for sealing and destroying criminal records for certain non-violent offenses. Under the proposed law, a person can request the court to seal and destroy records of an arrest or conviction if four years have passed since their arrest or completion of sentencing, during which they have not been convicted of a new offense. The bill specifically excludes serious and violent felonies, sex offenses, and certain other specified offenses from eligibility. If the court grants the petition, it will order law enforcement agencies to seal records within 90 days and destroy them within one year. Upon receiving relief, the petitioner can legally state that the arrest or conviction did not occur and will be released from associated penalties and disabilities. The bill requires that the petition be served on the prosecutorial agency, which has 45 days to respond, and the court will consider the totality of evidence to determine if sealing and destruction is in the "best interest of justice." Additionally, the bill mandates that any remaining financial restitution to a victim must be paid before the petition can be granted. If the implementation of this bill results in additional costs to local agencies, the state will be required to provide reimbursement.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB704