Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Present law requires all public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if:

(1) The charge has been dismissed;

(2) A no true bill was returned by a grand jury; or

(3) The person was arrested and released without being charged.

This bill removes the requirement that a person must petition for destruction of such records, and revises (1)-(3) as follows:

(1) If the charge has been dismissed, then the court is required to notify the clerk that expunction is statutorily required;

(2) If a no true bill was returned by the grand jury, then the district attorney general is required to notify the clerk that expunction is statutorily required; and

(3) If the person was arrested and released without being charged and the statute of limitations for the offense for which the person was arrested has expired, then the arresting law enforcement agency is required to notify the clerk that expunction is statutorily required.

This bill also adds to the above list, if a verdict of not guilty is returned, whether by a judge following a bench trial or by a jury, on all charges for which the defendant was accused, then the court is required to notify the clerk that expunction is statutorily required.

Present law requires the court, upon petition by a defendant in the court that entered a nolle prosequi in the defendant's case, to order all public records expunged. This bill removes the requirement that the defendant petition the court that entered the nolle prosequi order, and instead requires the court that enters an order of nolle prosequi in a criminal case to notify the clerk that expunction of the person's public records is statutorily required.

This bill applies to public records in criminal cases for which a qualifying event listed in this bill occurs on or after July 1, 2023. If a qualifying event occurred prior to July 1, 2023, then a person may have the person's public records expunged pursuant to the law in effect at the time of the qualifying event.