AMENDED IN ASSEMBLY MAY 18, 2026

AMENDED IN ASSEMBLY MARCH 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Lowenthal

(Coauthors: Assembly Members Schultz and Sharp-Collins)

February 20, 2026

An act to add Section 1203.48 to the Penal Code, relating to crimes.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense.

This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute. statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

Section 1203.48 is added to the Penal Code, to read:

1203.48.

(a) If a person suffered an arrest for any offense that did not result in conviction, was charged with an offense that did not result in a conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense and the requirements in subdivision (b) are met, the person may petition the court for sealing relief of their convictions, charges, and arrests under this section. Records that did not result in a conviction are eligible for sealing relief if any of the following are true:

(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.

(2) The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:

(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.

(B) No conviction occurred and the person has been acquitted of the charges.

(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.

(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.

(b) The court may order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible under paragraph (1) of subdivision (a), the date on which the record became eligible under paragraph (2) or (3) of subdivision (a), or the date on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense. If a conviction contains multiple offenses, the court shall not order sealing relief unless all offenses meet the eligibility requirements of this section.

(c) The petition for sealing relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.

(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.

(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:

(1) Testimony by the petitioner, which may be required in support of the petition.

(2) Evidence and supporting documentation in support of the petition.

(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.

(f) A petition shall not be granted if either of the following is true:

(1) The petitioner is subject to terms and conditions of any unexpired criminal protective orders.

(2) The petitioner has not paid any financial restitution order that directly benefits the victim of a crime. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.

(g) After considering the totality of the evidence presented, the court may order sealing relief if it finds it is in the best interest of justice.

(h) If the court grants a petition pursuant to this section, the court shall issue a written ruling and order to the petitioner, the petitioner’s counsel, the Department of Justice, the prosecuting attorney, and the law enforcement agency that made the arrest that does all of the following:

(1) States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest or conviction, except as provided in subdivision (k).

(2) Orders the Department of Justice, any law enforcement agency, or any criminal justice agency, as defined in Section 851.92, that has taken action or maintains records subject to the petition to seal the record of arrest, charge, or conviction according to this section.

(3) Orders the Department of Justice to forward the order to the Federal Bureau of Investigation (FBI) to request that any records of the arrest, charge, or conviction subject to the sealing relief order that are maintained by the FBI be sealed for all noncriminal justice purposes.

(i) Any government agency described in subdivision (h) shall seal its records granted sealing relief pursuant to this section within 90 days after the court issues the order.

(j) Except as provided in subdivision (k), a record granted sealing relief pursuant to this section, including all court records related to the sealed arrest, charge, or conviction, shall not be disclosed to any person or entity except the person whose arrest, charge, or conviction was sealed and their counsel.

(k) Notwithstanding any other provision of this section, a criminal justice agency may access and use a conviction record sealed pursuant to this section as required by an initiative statute. follows:

(l) The court shall provide the petitioner and petitioner’s counsel a certified copy of the court order concerning the sealing of the records subject to the order. The court shall provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing of the arrest, charge, and conviction records.

(m) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name.

(n) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.

(o) For the purposes of this section, “eligible offense” means an offense that is not one of the following:

(1) An offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.

(2) Any offense specified in subdivision (c) of Section 1192.7.

(3) Any felony offense specified in subdivision (a) of Section 273.5.

(5) Any offense specified in subdivision (a) or (b) of Section 23152 of the Vehicle Code.

(6) Any offense specified in subdivision (a) or (b) of Section 23153 of the Vehicle Code.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.