Criminal records: destruction.

Assembly Member Lowenthal's criminal records legislation creates a pathway for individuals arrested or convicted before age 26 to petition courts for sealing and destruction of their records after a four-year waiting period. The measure applies to non-violent offenses and requires petitioners to remain conviction-free during the waiting period while completing any associated sentences or supervision.

The bill establishes specific procedures for courts and law enforcement agencies to process these petitions. Courts must evaluate whether granting relief serves the interests of justice, while designated agencies must seal records within 90 days of a court order and destroy them within one year. The Department of Justice must confirm compliance with sealing and destruction orders. The legislation excludes serious felonies, violent crimes, sex offenses, and violations that can enhance future sentences. Petitioners with outstanding victim restitution payments remain ineligible.

Upon receiving relief, individuals may legally deny the sealed arrest or conviction occurred. Courts retain sealed copies of orders and records, accessible only to petitioners and their counsel. The bill requires state reimbursement to local agencies for costs associated with implementing these new record-sealing mandates, subject to review by the Commission on State Mandates.