SB 402

Under current law, if a person is convicted of a criminal offense for which the

maximum period of imprisonment is not more than six years and the person

committed the offense before he or she was 25 years old, the court may order, at the

time the person is sentenced, that the record of the offense be expunged when the

person successfully completes his or her sentence imposed for the offense. If the

person was adjudicated delinquent for committing an offense, current law allows the

person to petition the court to expunge the record of the adjudication when he or she

reaches the age of 17. Under current law, the court may expunge the record of the

adjudication if the person complied with the conditions of his or her dispositional

order. Current law excludes certain offenses from expungement and generally

requires the court to determine that the person will benefit and society will not be

harmed by expungement.

Current law requires the court to expunge a record of conviction, upon an

offender's successful completion of his or her sentence, for certain offenses related

to invasion of privacy if the offender was under the age of 18 when he or she

committed the offense. If the person was adjudicated delinquent for committing the

offenses related to invasion of privacy, current law requires the court to expunge the

record of the adjudication, upon petition of the person when she he or attains the age

of 17, if the person had no prior adjudications of delinquency and he or she complied

with the conditions of his or her dispositional order.

Under this bill, if a person successfully completes his or her sentence, or if a

juvenile who was adjudicated delinquent complies with the conditions of his or her

dispositional order and petitions for expungement upon attaining the age of 17, the

court must order that the record be expunged if the court finds that all of the

following are true:

1. The person was under the age of 18 when he or she committed the offense.

2. The person was a victim of human trafficking.

3. The person would not have committed the offense if not for the person's

status as a victim of human trafficking.

4. The offense is otherwise eligible for expungement.