Criminal procedure: sentencing.

Assembly Member Bonta proposes expanding California's criminal record relief provisions for victims of human trafficking, intimate partner violence, and sexual violence. The legislation would allow individuals to petition courts to vacate arrests or convictions for any offense committed while they were victims, removing the current limitation to nonviolent crimes only.

The bill modifies the eligibility criteria by permitting relief when offenses were related to an individual's victimization, rather than requiring a direct causal connection. It also extends the affirmative defense allowing courts to find defendants lacked criminal intent due to coercion to include violent felony cases, eliminating the existing prohibition.

Under the amended provisions, courts must order a broader range of agencies to seal and destroy records, including departments of probation, rehabilitation, corrections and parole. These agencies would need to seal records within one year of arrest or 90 days after a court order, whichever is later, and destroy them within one year of the order. The Department of Justice must notify petitioners and their counsel once records are sealed.

The legislation maintains existing procedural safeguards, requiring petitioners to establish their victim status and the relationship between the offense and victimization by clear and convincing evidence. Courts retain discretion to grant relief based on the totality of evidence and the interests of justice. The bill preserves consolidation options for multiple convictions and allows remote hearing appearances when necessary.