AB 1008

This bill creates a procedure to expunge the records of a criminal case that did

not result in a conviction.

Under current law, when a criminal record is expunged, all information in the

case record is sealed or destroyed. Under current law, there is no requirement to

expunge a record of a case that did not result in a conviction.

Under the bill, if a person is charged with a misdemeanor or certain traffic

violations but the person is acquitted or the charges are dismissed, the court must

order that the record of the case be expunged.

Under the bill, if a person is charged with a felony, but the person is acquitted

or the charges are dismissed, the person may petition the court to order expungement

of the case record. If the court finds that the person will benefit and society will not

be harmed by the expungement, the court may order expungement of the case record.

Under the bill, a person may not file an expungement petition for a felony charge of

operating a vehicle while intoxicated or for a felony traffic violation involving an

injury. Under the bill, the court must notify the Department of Justice that the record

has been expunged and must seal or destroy the case documents. The bill allows a

person to petition for expungement of cases that were closed before the effective date

of the bill.