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 by allowing individuals to petition courts to vacate arrests or convictions for any offense committed while under duress, not just nonviolent crimes as currently permitted.

The bill modifies record sealing requirements by mandating that all agencies maintaining offense-related records - including probation, rehabilitation, corrections and parole departments - must 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 court order. The Department of Justice must notify petitioners and their counsel once records are sealed.

For individuals facing criminal charges, the legislation extends the availability of affirmative defense to cases involving violent felonies, except murder, when defendants can demonstrate by preponderance of evidence that they were coerced to commit the offense due to being victims of trafficking or violence. Courts determining such defenses must seal case records, though law enforcement may still access them for investigating other persons.

The measure requires local agencies to implement expanded record management protocols without guaranteed state reimbursement for associated costs. However, the Commission on State Mandates retains authority to determine if other implementation expenses qualify for state funding under existing statutory provisions.