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CA: Many Californians can clear criminal records, but don’t. This bill would make it automatic

[sfchronicle.com – 3/7/19]

People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting.

AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then 20 percent take advantage of the program, said Ting, D-San Francisco.

Under the law, people convicted of offenses ranging from petty theft to more serious felonies that resulted in jail sentences — such as robbery or assault — could begin putting their criminal pasts behind them.

The groundbreaking clean-slate initiative would keep background-check agencies from accessing and disseminating cleared criminal records to employers and licensing boards. However, it would not remove the records from law enforcement databases.

Read more

 

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Impressive. It took the writer until the ninth paragraph to drop in the usual bomb….Persons required to register as sex offenders not eligible.

I do not see anything in the bill about 290 registrants.

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1076

I also do not see anything about 290 registrants in the referenced Section 1170(h)1 and 2.

Clearly I am missing something, looking at this on my phone.

Anyone care to help me out? Thanks in advance.

I didn’t read any exclusion in the bill either. It should be applicable to RCs considering that some do have eligibility. In fact, I got my expungement from SF. Perhaps the writer of this article doesn’t know that some sex offenses are eligible. People who served prison time were never eligible.

I will send an email out to both the writer and Rep. Ting.

Please do! We absolutely need more people to put pressure on members of the legislature to hold them accountable.

I’ve seen a few articles mention RC are not eligible. My guess is the below section and a verbal “promise” of denying RC’s and having them go the now current route of petitioning via 1203.4. Whatever government official these reporters spoke to for clarification probably stated they’ll be denying RC via below. So there’s nothing legally bounding what would prevent some RC’s from being positively affected by this, but they did built in a loophole to allow some districts to pretend they’re though and are looking out for the children. If there’s another reason, I didn’t see in the bill.… Read more »

I kept reading looking for the positive only to see “Registered sex offenders and sentences served in state prison would not be eligible for automatic clearance.” I knew it would be there.

@RM I’ve read through the bill twice now and I’m not seeing the passage you’re talking about.

Guys, the folks talking about this sentence that is from the article above, not the bill itself. If you press “read more” and go to the article you will see it. “Registered sex offenders and sentences served in state prison would not be eligible for automatic clearance.” If it’s not in the law, it can be a good thing if the writer is just puffing up the article. If the above sentence is true or becomes part of the bill, any of the people that drop off after 2021 tier laws, will not be registered, they should qualify. There is… Read more »

So each time the legislature proposes a statute that would benefit others, they seem to propose at least one new law (if not a dozen) intended to persecute us.
Yes, soon we will be the only ones for whom any new laws are written …. all other crimes receiving almost no punishment, an absurdly minimal sentence and a nominal fine (for reference, see white-collar, rich white guy Manafort’s sentence of 47 months.)

I see the day when businesses are allowed to deny service to us because of the registry. It is simply not if but when. So you can steal, assault, and destroy, and they see you as a good person, but Have a small file on a computer , and you are ameeba shit for life! With no chance of ever changing your disgusting , depraved ways. I might as well start destroying everything and person I come in contact with, since I am already considered the worst of the worst. And when the police finely catch up with me and… Read more »

Heh. Ain’t life screwy? NOT sarcasm. Really: isn’t life messed up like that? Witch-hunt mentality makes a suspicious group the “most depraved of the depraved”, “sub-humans of the Earth” and the group which “there’s nothing worse”. That’s why idiots are able to say that pedos/Chomos/”Chesters”/nonses/pervs are worse than murders; if such idiots weren’t consciously deliberate trolls to begin with. Moral hysteria against those who wrote with the left hand, those who had an attraction to the same sex, those African Americans who “had the audacity” to marry white folks, etc., has historically reduced otherwise potentially intelligent observing human beings to… Read more »

So I have a 288 (a) and did no prison time. Jail (work release) and probation. Could anyone in the same boat with a 288 (a) have an equal protection claim?

RM is correct. As I noted, we have the most liberal Governor that has and will ever exist! If we want to push for anything, this is our chance. Get your charge reduced to a misdemeanor pursuant to 17b and expunged now!

Unfortunately for most of us, our convictions weren’t wobblers in the first place.

California Constitution, Article 1, Section 7(b): “A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.” Clearly, if one set of convicts is being denied the same privileges or immunities, then the State of California is violating the civil rights of equal immunity as clearly protected in the California Constitution. The immuniies or privileges can be changes, but they cannot pick and chose who does or doesn’t get them as they’re all supposed to be granted… Read more »

When these criminal regimes put content on Facebook, they are picking only a subset of people that can access and interact with it. Should be illegal.

It is completely clear to me that it is immoral. People who think it’s okay don’t care. They also don’t care if it does anything useful or not. Which makes them scum.

From the article: “The groundbreaking clean-slate initiative would keep background-check agencies from accessing and disseminating cleared criminal records to employers and licensing boards. However, it would not remove the records from law enforcement databases.” Isn’t this what the original registry was supposed to be like? With registrants being excluded, it reveals an embedded stigma that induced retributive actions such as this omission from such a way back into society. Everyone else who was convicted of a low level crime can clear their record except for sex offenders who also might be low level in crime. Anyone who earns a 1203.4… Read more »

So I contacted Rep. Ting and I received a response from his office: “I checked with our Capitol staff on your inquiry. According to them: If a person is eligible for an expungement under 1203.4 then she/he would be eligible under the bill. The media reporting is in relation to SERIOUS sex offenses like rape and child sex abuse. Basically if you’re ineligible for probation, that means that your offense is serious enough not to be eligible for an expungement. If you’re eligible for probation and you’ve completed it, then you are eligible for the bill.” He left the email… Read more »

to clarify .. if one has already completed parole or probation, then one is eligible?

To qualify for this bill you need to also already qualify for 1203.4 or similar (the bill lists a few of these). To qualify for 1203.4 means you couldn’t have served time in prison (and certain codes never qualified, regardless if you had probation or not). Unless I’m mistaken, parole = prison, so this bill wouldn’t apply. If you do qualify, there’s a wait time under this bill before you’re automatically removed. I believe you’ll automatically be removed 3 years AFTER you’ve completed probation. However, you can just skip the wait and file for 1203.4 the day after you’ve completed… Read more »

“if you’re ineligible for probation, that means that your offense is serious enough not to be eligible for an expungement.”

This is not true. I think many 288 (a) were given jail and probation, no prison. Then in 1997 they made 288 (a) ineligible for 1203.4. So there are many who were eligible for probation but won’t be eligible to take advantage of this law.

“if you’re ineligible for probation, that means that your offense is serious enough not to be eligible for an expungement.”

This is not true. I think many 288 (a) were given jail and probation, no prison. Then in 1997 they made 288 (a) ineligible for 1203.4. So there are many who were eligible for probation but won’t be eligible to take advantage of this law.

Thank you for getting a clarification, NPS. I had a feeling it was something like this in addition to what I posted at the top of the thread. I see this all the time in almost every article mentioning us. They give this absolute statement which isn’t even remotely true. And then the general public has this great misunderstanding of how things work.

I had specifically mentioned this in my original email to Rep. Ting pointing to the SF Chronicle for perpetuating the myth that registrants are predatory. I let him know that RCs have the lowest rate of reoffense.

I think you should follow up for further, specific clarification (and perhaps limited, appropriate but firm advocacy along the way) about eligibility and the absolute need for this to not exclude people kept “down” by the extraordinary nature of these convictions. We know that a conviction for anything deemed a “sex offense” is effectively a crippling life sentence and is often left out of consideration for justice. Yet we also know that the majority of these convictions are non-violent and many have no direct victim or none at all. We know the registries are fallacious and don’t provide a benefit… Read more »

I think 1203.4 has an exclusion for 311.11 (an attorney told us a few months ago 311.11 is NOT eligible for expungement-not sure if this is correct). Does anyone know about this exclusion? 311.11 us eligible for COR, so hmmm??? https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN 1203.4. (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted… Read more »

311Mom, you’re attorney is somewhat correct. The 311.11 was moved to the No Expungment list in 2014. However, if you’re conviction date was prior to that, you’re grandfathered in to still be eligible for expungement via 1203.4. I’d maybe even check if they might go by arrest date instead of conviction since convictions can sometimes occur years after the initial arrest/indictment.

I am a little confused, as I believe many of us are when it comes to these laws. It is my understanding that if you served time in jail and not prison, your expungement is guaranteed if you have completed and not violated probation. So, this bill would clear your record automatically if you happen to not apply for the 1203.4. But, the 1203.4 does not relieve you of the duty to register, so I am assuming this new bill will have the same effect? The only difference is that your record is cleared automatically rather than applying for the… Read more »

As others have noted here, there is no verbiage in AB 1076 relating to sex offenders being excluded from this bill. There are no specified offenses ( sex or non-sex offenses) listed that would benefit from this bill. Having read through it 3 times, it looks like anyone who has a misdemeanor sex offense conviction AND is/was eligible for a Certificate of Rehabilitation will automatically have their conviction dismissed unless the DA objects to it. It is interesting to note that if this bill passes, it will be law on Jan 1st, 2021, which is the same time that the… Read more »

The tiered registry doesn’t begin until July 1, 2021.

What makes you believe that code would lift your duty to register? I looked at it and didn’t see anything. What 1203.42 does do is grant expungement to some people who received a prison sentence as long as their codes would have qualified in the 2011 change where some prison sentences were allowed to be served in county. Otherwise, all the 1203.4X codes do the same thing in terms of granting expungement and the limits that expungement has, like NOT ending duty to register.

Interesting article. I do recall (I don’t remember the year) the laws changed and prohibited certain registrants from filing either a 17B and pc1203.4! So, this must mean something. The argument for years has been, if your charge or plea has been expunged, why should you have to register? I would also argue (this would/I don’t even know why I’m mentioning this) if your charge is reduced to a misdemeanor pursuant to 17B, that’s it! It’s a misdemeanor.

I just received a response via sex offender management board regarding 17B. There response:

I received your question regarding SB384. Unfortunately we are unable to provide you with the information you are requesting. You may want to consult with an attorney about your questions. I am also including a link to an FAQ on the Attorney General’s website that may provide you with additional information.

I also post legal questions via a website called: Avvo
Every attorney responded in our favor regarding 17B

That’s a positive response. Can you post a link to the FAQ they provided you with? Thanks!

If he means this, it has been online for over a year. https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf I fail to see @USA’s continued confusion on this issue. PC 290, as of 1/1/2021 clearly states “A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.” A reduction of a wobbler offense from felony to misdemeanor pursuant to 17b would fall… Read more »

Because of work and other obligations I will not be there for the hearing, however, I fax my letter to the chairman, called all the member’s offices and prayed.

AVVO.com

Avvo

You asked:
I plead to a wobble sexual battery pc 243.4 a 21 years ago. It’s a registerable offense!

Attorney answer:
It would be Tier 1, eligible after ten years… but you are eligible to terminate registration NOW through a Certificate of Rehabilitation. You have to file a petition with the court.

USA ~ You say that your offense was a wobbler, so were you charged with a misdemeanor or a felony? Also, did you serve time in prison or jail? My understanding is that if you served time in jail and received probation, you can ask to get the offense reduced to a misdemeanor (if you were charged with a felony), and then get it expunged. The expungement would be automatic per law as long as you fulfilled all requirements of probation, paid all fees, etc. The reduction is at the judge’s discretion. In any case, once your case is expunged,… Read more »

Cares, my plea: pc 243.4 A felony, 1 Year LA county/summary probation. Reduced per pc 17B and later expunged. It will be 23 years once SB 384 comes into play. I imagine this will overload the courts. The charged was reduced while still on probation, reinstated probation and I mailed the pc 1203.4 in. Granted.

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