Bill > AB938

This bill expands legal protections and relief for individuals who have committed crimes while being victims of human trafficking, intimate partner violence, or sexual violence. The bill allows people to petition for vacatur (removal) of convictions for almost any offense, except murder, if they can prove the crime was a direct result of their victimization. Previously, this relief was limited to nonviolent offenses. The bill also requires more comprehensive sealing and destruction of arrest records by law enforcement agencies, probation departments, and other relevant agencies, with specific timelines for doing so. Additionally, the bill allows victims to use an affirmative defense for crimes committed due to their victimization, even for violent felonies (except murder), which was previously prohibited. Victims who successfully petition for relief can legally state they were never arrested or convicted of the vacated charge and cannot be denied rights or benefits based on the incident. The bill aims to provide greater legal protections and opportunities for recovery for survivors of human trafficking, intimate partner violence, and sexual violence who may have been coerced into criminal activity as a result of their traumatic experiences.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB938