California 2009-2010 Regular Session Status: To Executive

AB 2068 — Expungement standards.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, subject to exceptions, provides that every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty, or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, as specified. The bill would make this relief unavailable for convictions of specified sex offenses that apply if the victim is a child 14 or 15 years of age or a dependent person. This bill would authorize the court, in its discretion and in the interests of justice, to afford a defendant that relief as to other charges to which these provisions apply if, after a lapse of one year from the date of pronouncement of judgment, the defendant has fully complied with his or her sentence, is not currently serving a sentence for any offense, and is not under charge of commission of any crime. This bill would change an obsolete cross-reference that determines which misdemeanors are exempt from dismissal and relief pursuant to these provisions. This bill would incorporate additional changes in Section 1203.4a of the Penal Code made by AB 2582 that would become operative if both bills are enacted and this bill is chaptered last.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 11:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 45. Noes 29. Page 6529.)

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  5. Read third time, passed, and to Assembly. (Ayes 23. Noes 10. Page 4670.)

  6. Read second time. To third reading.

  7. Read third time, amended. To second reading.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (June 15).

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 45. Noes 29. Page 4981.)

  14. Read third time, amended, and returned to third reading. (Page 4932.).

  15. Read second time. To third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. (Ayes 10. Noes 5.) (April 14).

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 0.) (March 23).

  19. Referred to Com. on PUB. S.

  20. From printer. May be heard in committee March 23.

  21. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2068 HILL Concurrence in Senate Amendments

Passed 53 Yea · 33 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 503004
Democratic 2100
Republican 1200
Total 533304
% of votes cast 59%37%0%4%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Galgiani — Yea
Gilmore — Nay
Hagman — Nay
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Coto — Yea
Bill — Nay
Tom — Nay
Charles — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Block — Yea
DeVore — Nay
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Monning — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Portantino — Nay
Audra — Nay
Miller — Nay
Nava — Not Voting
Nestande — Nay
Norby — Nay
Davis — Not Voting
Silva — Nay
Smyth — Nay
Torres — Not Voting
Villines — Nay
Adams — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nielsen — Nay
Ruskin — Yea
Solorio — Yea
Tran — Nay
Eng — Yea
Fuentes — Yea
Furutani — Not Voting
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Nay
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2068 Hill By Ducheny

Passed 24 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 22905
Democratic 2000
Republican 0100
Total 241005
% of votes cast 62%26%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Corbett — Yea
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Dutton — Nay
Alquist — Yea
Ashburn — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Not Voting
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Harman — Nay
Kehoe — Yea
McLeod — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2068 HILL Assembly Third Reading

Passed 52 Yea · 32 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 483007
Democratic 3000
Republican 1200
Total 523207
% of votes cast 57%35%0%8%
How each member voted (91)
Member Party Vote
Hagman — Nay
Hall — Not Voting
Carter — Yea
Feuer — Yea
Fuentes — Yea
Chesbro — Yea
Coto — Yea
Furutani — Yea
Galgiani — Yea
Hayashi — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bass — Yea
Davis — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Fletcher — Nay
Portantino — Nay
Audra — Nay
John — Not Voting
A. — Not Voting
Perez — Not Voting
Gilmore — Nay
Hernandez — Yea
Anderson — Nay
Cook — Nay
Hill — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Not Voting
Nestande — Nay
Norby — Not Voting
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Jeffries — Nay
Logue — Nay
Ma — Yea
Nielsen — Nay
Solorio — Not Voting
Tran — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11502
Democratic 1000
Total 12502
% of votes cast 63%26%0%11%
How each member voted (19)
Member Party Vote
Conway — Nay
Fuentes — Yea
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Skinner — Yea
Torrico — Yea
Miller — Nay
Nielsen — Nay
Norby — Nay
Solorio — Not Voting
Ammiano — Yea
Bradford — Yea
Harkey — Nay
Torlakson — Yea
Coto — Yea
Davis — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 2068 do?
Existing law, subject to exceptions, provides that every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty, or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, as specified. The bill would make this relief unavailable for convictions of specified sex offenses that apply if the victim is a child 14 or 15 years of age or a dependent person. This bill would authorize the court, in its discretion and in the interests of justice, to afford a defendant that relief as to other charges to which these provisions apply if, after a lapse of one year from the date of pronouncement of judgment, the defendant has fully complied with his or her sentence, is not currently serving a sentence for any offense, and is not under charge of commission of any crime. This bill would change an obsolete cross-reference that determines which misdemeanors are exempt from dismissal and relief pursuant to these provisions. This bill would incorporate additional changes in Section 1203.4a of the Penal Code made by AB 2582 that would become operative if both bills are enacted and this bill is chaptered last.
Who sponsors AB 2068?
AB 2068 is sponsored by Hill.
What is the current status of AB 2068?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2068?
Track AB 2068 free on One Click Politics — get push/email alerts when it moves.

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