Bill
AB 704
AB 704 creates a court-supervised process for sealing and destroying youth-era arrests/convictions for certain non-violent offenses, after waiting periods and conditions.
Note on title discrepancy
- The bill header provided references snowmobile registration fees, but the legislative text and digests for AB 704 (Lowenthal) clearly concern sealing and destruction of criminal arrest and conviction records. This summary addresses the substantive bill language (Penal Code §1203.48) concerning records relief.
Purpose and intent
- To create a statutory procedure allowing people who were arrested for or convicted of certain non‑violent, non‑sex offenses when they were under 26 to petition a court to have those arrests and convictions sealed and destroyed after a waiting period, improving opportunities for rehabilitation and reducing collateral consequences of youthful contact with the justice system.
Key provisions
- Adds Penal Code Section 1203.48.
- Eligible petitioners: persons arrested for or convicted of an “eligible offense” before age 26. “Eligible offense” excludes violent felonies, sex offenses, serious or violent felonies, and offenses that can be used as priors/enhancements (as specified in the bill).
- Timing/conditions: petitioner may seek relief if 4 years have elapsed since the arrest or since completion of any incarceration/probation/mandatory supervision/postrelease community supervision/parole associated with the record (whichever is later), and the petitioner has not been convicted of a new offense during that period.
- Arrests without conviction: eligible when statute of limitations has run and no charges filed, or charges were dismissed and cannot be refiled, or the person was acquitted, or a conviction was vacated/reversed and cannot be refiled, or the person completed an approved diversion program.
- Petition process: petition and supporting documents must be served on the prosecuting agency; that agency has 45 days to respond. The court can consolidate petitions from multiple jurisdictions by agreement.
- Hearing standard: if opposed or deemed necessary, the court holds a hearing, considers testimony/evidence, and may grant relief if in the best interest of justice.
- Effect of order: court order sets aside arrest/conviction/adjudication, dismisses the accusation/information, and deems the event to have not occurred for most purposes. The Department of Justice (DOJ) is notified.
- Agency obligations and timelines: courts must order all involved law enforcement agencies, probation/rehab/corrections/parole departments, and the DOJ to seal records within 90 days and destroy those records within one year of the court order.
- Federal notification: upon destruction, DOJ must forward the order to the FBI requesting deletion of federal records.
- Restitution exception and stays: petitions will not be granted if the petitioner has unpaid restitution that directly benefits a victim (unless already paid). Except for restitution, collection of fines is stayed while the petition is pending.
- Administrative details: courts must provide certified copies of orders and forms to petitioners and counsel.
Who is affected
- Individuals arrested or convicted before age 26 for non‑violent/non‑sex eligible offenses who meet the waiting period and other conditions.
- Local law enforcement agencies, probation/rehab/corrections/parole departments, the California DOJ, and potentially the FBI (for federal record deletion requests), which must seal/destroy records under court order.
- Prosecuting agencies which receive and may oppose petitions.
Fiscal and legal implications
- The bill increases duties for local agencies (a state‑mandated local program). If the Commission on State Mandates finds costs are mandated, reimbursement procedures under state law would apply.
- No specific appropriation is established in the text excerpt.
Procedure and current status (selected history)
- Introduced: 02/14/2025.
- Assembly: advanced through committees; passed Assembly (read third time and passed; 06/04/2025 — Ayes 47, Noes 17).
- Senate: Referred to Senate Rules and Public Safety committees; referred to Senate Appropriations and placed on suspense file. As of 08/29/2025, held under submission in Senate Appropriations.
- Note: some procedural entries in the source appear to be from other jurisdictions/versions; the California legislative history above reflects the committee actions and dates shown in the bill record.
Bottom line
- AB 704 establishes a defined, court‑supervised pathway for many people with youthful arrests or convictions to obtain sealing and destruction of records (state and local), subject to timing, exclusions (violent/sex/prior‑able offenses), restitution requirements, and judicial discretion based on the best interest of justice.
Compiled from official sources — confirm details with the bill’s official record.
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