Criminal procedure: sentencing.

Assembly Member Bonta's legislation expands California's criminal record relief provisions for victims of human trafficking, intimate partner violence, and sexual violence who were arrested or convicted while being victimized. The bill allows individuals to petition courts to vacate arrests and convictions for any offense except murder, removing the current limitation to nonviolent crimes only.

The measure establishes new requirements for law enforcement agencies, including departments of probation, rehabilitation, corrections, and parole, to seal and destroy records within specified timeframes after a court grants relief. Agencies must seal records within one year of arrest or 90 days after the court order, whichever occurs later, and destroy them within one year of the court order. The Department of Justice must notify petitioners when records are sealed.

The legislation also modifies California's affirmative defense provisions, allowing defendants to assert at trial that they were coerced to commit an offense due to human trafficking, intimate partner violence, or sexual violence. This defense now applies to violent felonies, except murder, whereas current law excludes all violent felonies. Defendants must prove the defense by a preponderance of evidence using documentation of their victim status, though official documentation is not required.

Courts reviewing petitions must find clear and convincing evidence that the arrest or conviction directly resulted from the person's victimization and that vacating the record serves justice. The right to petition remains available indefinitely, and courts cannot reject petitions based on unpaid fines or failed probation conditions. Upon granting relief, courts must seal all related records and release petitioners from penalties and disabilities stemming from the charges.