Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that requires criminal record expungement for individuals not convicted of their charges after the statute of limitations has been reached.

Highlights:

• Prohibits a board to deny a license regulated by Section 480 of the Business and Professions Code, on the grounds that the applicant has one of the following (Sec. 1.a):

• Been convicted of a crime;

• Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit themselves or another, or substantially injure another; or

• Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

• Prohibits employers from obtaining information regarding the particular conviction of the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation (Sec. 6).

• Prohibits employers from dismissing an applicant who has that particular conviction, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation (Sec. 6).

• Expands the use of the term “Conviction” to include a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed by the court (Sec 6-3.A).

• Expands criminal records expungement to individuals who meet the following criteria (Sec. 7-2):

• The arrest occurred on or after January 1, 2021;

• The arrest was for a misdemeanor offense and the charge was dismissed;

• The arrest was for an offense that is punishable by imprisonment pursuant and there is no indication that criminal proceedings have been initiated; and

• The person successfully completed any of the following, relating to that arrest:

• A pre-filing diversion program;

• A drug diversion program;

• A pretrial diversion program; and

• A diversion program

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires criminal record expungement for individuals not convicted of their charges after the statute of limitations has been reached.

Highlights:

• Prohibits a board to deny a license regulated by Section 480 of the Business and Professions Code, on the grounds that the applicant has one of the following (Sec. 1.a):

• Been convicted of a crime;

• Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit themselves or another, or substantially injure another; or

• Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

• Prohibits employers from obtaining information regarding the particular conviction of the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation (Sec. 6).

• Prohibits employers from dismissing an applicant who has that particular conviction, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation (Sec. 6).

• Expands the use of the term “Conviction” to include a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed by the court (Sec 6-3.A).

• Expands criminal records expungement to individuals who meet the following criteria (Sec. 7-2):

• The arrest occurred on or after January 1, 2021;

• The arrest was for a misdemeanor offense and the charge was dismissed;

• The arrest was for an offense that is punishable by imprisonment pursuant and there is no indication that criminal proceedings have been initiated; and

• The person successfully completed any of the following, relating to that arrest:

• A pre-filing diversion program;

• A drug diversion program;

• A pretrial diversion program; and

• A diversion program

Full Bill Text