Criminal records: automatic conviction record relief.

Existing law, commencing July 1, 2022, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for specified automatic conviction record relief. Existing law, commencing July 1, 2022, requires the department to inform the superior court having jurisdiction over criminal matters of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Existing law permits a prosecuting attorney or probation department to file a petition to prohibit the department from granting automatic relief upon showing that the relief would pose a substantial threat to public safety. Existing law requires a court, upon noticed motion, whenever a person is released on probation or mandatory superior court, to transfer the case to the court in the county where the person permanently resides, except as specified. This bill would require the department, in cases where probation has been transferred, to electronically submit notice of conviction record relief to both the transferring court and any subsequent receiving court. The bill would also require a receiving court that reduces a felony to a misdemeanor or dismisses a conviction under specified provisions to provide a disposition report to the department with the original case number from the transferring court. If probation was transferred multiple times, the bill would require the department to electronically submit notice to all involved courts in a mutually agreed upon format. The bill would further require any court receiving notice of a reduction or dismissal to update its records to reflect the same. The bill requires the receiving court to provide a receipt of records from the transferring court, including the new case number. The bill would require the transferring court to report to the department that probation was transferred and identify the receiving court and new case number, if applicable. The bill would require a prosecuting attorney or probation department, in either the receiving county or transferring county, seeking to file a petition to prohibit the department from granting automatic relief to file the petition in the county of current jurisdiction. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 731 and AB 1281 to be operative only if this bill, SB 731, and AB 1281 are enacted and this bill is enacted last.