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AB 479

Criminal procedure: vacatur relief.

2025-2026 Regular Session Introduced by David Tangipa

AB 479 tightens vacatur relief by requiring licensing input and public-safety findings when offenses were linked to IPV/sexual violence, while preserving core relief.

In committee: Set, first hearing. Hearing canceled at the request of author.
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Bill Summary · AB 479

AB 479 (Tangipa): Criminal procedure — vacatur relief

A concise, informative overview of the bill, its provisions, and potential impact.

Purpose and intent

  • To modify existing vacatur relief for nonviolent offenses committed while the person was a victim of intimate partner violence (IPV) or sexual violence.
  • The bill adds judicial findings related to public health, safety, and welfare when the petitioner holds a license and the offense is substantially related to license qualifications, functions, or duties.
  • It enhances notification and input from licensing authorities in the vacatur process.

Key provisions and changes (as proposed)

  • Eligibility for vacatur remains for nonviolent offenses committed while the person was a victim of IPV or sexual violence; the petitioner must show, by clear and convincing evidence, that the offense lacked the requisite intent and was the direct result of the victimization.
  • Before vacating, the court must make findings regarding potential impacts on public health, safety, and welfare if the petitioner holds a license and the offense is substantially related to license duties.
  • Licensing entity involvement:
    • If the petitioner holds a license, the petition and supporting documentation must be served on the applicable licensing entity.
    • The licensing entity has 45 days to respond to the petition for relief.
  • Procedures:
    • If no opposition is filed by the prosecutorial agency or licensing entity, the petition may be deemed unopposed and granted.
    • The court may consolidate multiple petitions for different jurisdictions into a single hearing with agreement from all parties.
    • If opposed, or as deemed necessary, a hearing may be held with petitioner testimony, supporting evidence, and opposition evidence.
  • Findings and order:
    • The court may vacate the conviction and expunge related records if it finds: (a) the petitioner was IPV/sexual violence victim at the time; (b) the arrest/conviction was a direct result of the victimization; (c) it is in the best interest of justice.
    • If the license-related condition applies, the court must address public health, safety, and welfare impacts in its findings.
    • An order of vacatur must set forth that the petitioner was a victim and lacked the requisite intent, set aside the arrest/conviction, and notify the DOJ.
    • Records related to the arrest and court order must be sealed and destroyed within specified timeframes (three years from arrest or one year after the order, whichever is later).
  • Restitution:
    • The relief does not absolve any remaining financial restitution orders that benefit victims unless already paid.
  • Additional considerations:
    • There is a rebuttable presumption that relief requirements are met for certain Welfare and Institutions Code Section 602 cases when the arrest/adjudication occurred while the person was an IPV/sexual violence victim.

Who is affected

  • Individuals seeking vacatur relief for qualifying offenses, especially those who hold a professional license.
  • Licensing authorities (state or local) that regulate relevant professions.
  • Prosecutors and law enforcement agencies involved in the proceedings.
  • California Department of Justice (DOJ), which would be notified of granted relief and the need to seal/destroy records.

Procedural and timeline notes

  • Status: In committee; first hearing set, but hearing canceled at the request of the author (as of 03/26/2025).
  • Legislative actions show rapid progression after introduction (introduced Feb 10, 2025; referred to Public Safety Feb 24, 2025; hearing cancellation noted Mar 26, 2025).
  • If enacted, the bill would apply prospectively to petitions filed after its operative date, subject to standard court timing.

Fiscal and policy considerations

  • Digest indicates a Majority vote requirement; Fiscal Committee engagement is noted, with no explicit appropriation.
  • The licensing-entity 45-day response window adds a new administrative step that could affect timelines for vacatur decisions.

Overall, AB 479 tightens scrutiny of vacatur relief in cases involving license-holders and IPV/sexual violence victims by requiring licensing input and public-safety-focused findings, while preserving the core relief framework for those whose offenses were substantially caused by victimization.

Compiled from official sources — confirm details with the bill’s official record.

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