Criminal procedure.

Senator Reyes’s measure reorients California’s post-conviction relief by tying eligibility to verified participation in state- or county-run public-safety programs and to the defendant’s release from custody, rather than relying solely on a defendant-initiated petition. It requires the Department of Corrections and Rehabilitation or a county authority to certify to the sentencing court, upon release, that the individual participated in one of the qualifying programs and to furnish a copy of that certification to the defendant, including information about the expungement process. While the court retains discretion to grant relief, the measure preserves the existing automatic ineligibility for a defined list of offenses and maintains the petition-for-relief framework in which a defendant may file in the sentencing county.

Key mechanisms and details include certification to the court at release, with a corresponding copy to the defendant; the court may issue relief if the certifications are presented and other statutory requirements are met. The defendant is not required to complete the term of probation, parole, or supervised release to be eligible, and the court may order early termination if appropriate. All convictions for which the defendant is serving a sentence at the time of participation are subject to relief, except for the enumerated offenses that remain ineligible. Relief, if granted, alters certain disclosure obligations: the defendant would not be required to disclose the conviction to most state or local licensure applications, with exceptions for the Commission on Teacher Credentialing, peace officer roles, public office, or contracting with the California State Lottery Commission. The bill also includes a nondiscrimination protection for licensure, stating that an arrest or conviction history at the time of participation cannot be used to deny EMT certification or any license or certification necessary to work as a firefighter, subject to specified statutory exceptions and existing licensure frameworks. Procedural safeguards include a 15-day notice to the prosecuting attorney before relief and a provision that nonappearance after notice cannot be used to overturn a grant, while the defendant remains free to pursue relief with a court hearing.

Implementation and governance features include the creation of a state-mandated local program by imposing new reporting obligations on county authorities and the Department of Corrections and Rehabilitation to certify program participation to the court and to the defendant. The measure authorizes regulations to implement the certification process, which would be distributed to defendants upon release. Section 2 provides a mechanism for state reimbursement to local agencies if costs are determined to be mandated by the state. Counties would need to establish processes to certify participation, issue copies to defendants, and include expungement information, with timing tied to release from custody and subject to regulatory timelines to be set after enactment.

In a broader context, the measure preserves core eligibility constraints for relief while reinforcing procedural safeguards and connecting relief to a defined reentry pathway in public-safety careers. It aims to reduce licensing barriers tied to pre-relief arrest or conviction histories in EMT and firefighter licensure, while maintaining explicit carve-outs for certain licensure pathways. The proposal requires close coordination among the courts, the Department, county authorities, and licensing agencies, and introduces additional administrative workload and potential local costs that would be addressed through established state-mandated-cost reimbursement mechanisms, subject to review by the Commission on State Mandates.