AB 1008

Under current law, generally if a person under the age of 25 commits a crime

for which the maximum term of imprisonment is six years or less, a court may order,

at the time it sentences the person for the crime, that the court's record of the crime

and conviction be expunged when the person successfully completes his or her

sentence, if the court finds that expunging the record will benefit the person and will

not harm society.

Under current law, a person successfully completes his or her sentence if the

person is not convicted of a subsequent offense and, if on probation, the probation is

not revoked and person satisfies all conditions of probation. Upon successful

completion, currently the detaining or probationary authority issues a certificate of

discharge, which is forwarded to the court of record and which has the effect of

expunging the record.

Under this bill, a court may not, at the time it sentences a person, enter an order

allowing expungement if the person successfully completes his or her sentence.

Under the bill, a court may enter an order allowing expungement upon petition, if

the court determines the person has successfully completed his or her sentence, and

that the person will benefit and society will not be harmed by this disposition.