Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes certain defendants that participate in the California Conversation Camp Program or a county incarcerated individual hand crew to file petitions for relief.

Highlights:

• Authorizes defendants that successfully participated in the California Conservation Camp Program as an incarcerated individual crew member or as a member of a county incarcerated individual hand crew, and have been released from custody, to file a petition for relief with the court in the county where the defendant was sentenced (Sec. 2).

• Authorizes a court, at its discretion, to permit the defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, dismiss the accusations or information against the defendant, and release the defendant from all penalties and disabilities resulting from the offense, except as provided (Sec. 2).

• Requires courts to order early termination of probation, parole, or supervised release, if the court determines that the defendant has not violated the terms or conditions of their release prior to, and during the pendency of, the petition for relief (Sec. 2).

• Specifies that incarcerated individuals that have been convicted of certain crimes are not eligible for relief including, but not limited to (Sec. 2): 

• Murder;

• Kidnapping;

• Rape; and 

• Sex offenses requiring registration. 

• Prohibits a defendant that is granted relief from being required to disclose the conviction on an application for licensure by any state or local agency except when applying for any of the following (Sec. 2):

• Licensure by the Commission on Teacher Credentialing;

• A position as a peace officer;

• Public office; or

• For contracting with the California State Lottery Commission.

• Specifies that in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and have the same effect as if the accusation or information had not been dismissed (Sec. 2).

Full Bill Text