BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2013

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2013

   An act to add Section 1203.41 to the Penal Code, relating to
convictions.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 651, as amended, Bradford. Convictions: expungement.
   Existing law permits a defendant to withdraw his or her plea of
guilty or plea of nolo contendere and enter a plea of not guilty in
any case in which a defendant has fulfilled the conditions of
probation for the entire period of probation, or has been discharged
prior to the termination of the period of probation, or in any other
case in which a court, in its discretion and the interests of
justice, determines that a defendant should be granted this or other
specified relief.
   This bill would authorize a court to allow a defendant sentenced
to 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  year   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. The bill would provide that the
defendant would be released from all penalties and disabilities
resulting from the offense of which he or she has been convicted,
except as specified.
   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 is added to the Penal Code, 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,  provided that   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.

   (3) 
    (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. 
   (4) 
    (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 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.