AB 1005

This bill establishes criteria for expunging certain civil and criminal court

records. 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 person's record of the offense be expunged

when the person completes his or her sentence or any period of probation imposed

for the offense. Current law excludes certain offenses from expungement and

generally requires the court to determine that the person will benefit from, and

society will not be harmed by, expungement.

Under this bill, a person who has been convicted of a criminal offense for which

the maximum period of imprisonment is not more than six years, or who has been

ordered to pay a forfeiture related to a criminal charge, except an offense related to

a violation of a traffic law, may petition the court for an order expunging the record

of his or her offense or forfeiture. The bill retains the requirement that, in order to

be eligible for an order of expungement, the person who is convicted of a crime or

found to have committed a civil offense be under the age of 25 when he or she

committed the offense.

Under the bill, the record of a civil violation may be expunged when the person

has satisfied the judgment against him or her, including paying all costs, fees,

surcharges, and restitution ordered or assessed, and the record of a criminal

conviction may be expunged when the person completes his or her sentence.

A person who was sentenced to imprisonment or placed on probation has

completed his or her sentence if he or she has not been convicted of a subsequent

criminal offense; he or she has completed his or her term of imprisonment or

probation; the detaining or probationary authority has issued a certificate of

discharge; and the person has paid all costs, fees, surcharges, and restitution ordered

or assessed. A person who is not sentenced to a term of imprisonment or placed on

probation has completed his or her sentence if the person provides sufficient proof

to the court that all conditions of his or her sentence have been fulfilled.

Under the bill, if a person was charged with a crime or a violation not related

to a traffic law but the person was acquitted of the charge, the charge was dismissed,

or the conviction or imposition of a forfeiture was reversed, set aside, or vacated, the

person may petition the court at any time to expunge the circuit court record related

to the offense. Under the bill, there is no age limit regarding when the alleged offense

was committed for a person who petitions for expungement on these grounds.

Under the bill, a court may order that the record of the case be expunged if the

court determines that all charges, orders, or judgments against the person are

eligible for expungement, that the person will benefit from, and that society will not

be harmed by, the expungement. The bill requires the clerk of courts to take certain

actions upon receiving an order of expungement, including informing the