Expungement expanded for some nonviolent criminals

Gov. Jerry Brown has signed into law a bill expanding expungement opportunities for “triple nons” — criminals convicted of nonviolent, non-serious, nonsexual crimes. Expungement of criminal records will now be available to triple-non offenders who were convicted prior to 2011.

Before the governor’s Friday signing of AB 1115, authored by Assemblyman Reggie Jones-Sawyer, D-Los Angeles, expungement was only available to offenders sentenced after 2011, when California implemented the realignment law AB 109.

Realignment allowed triple-non criminals to serve their sentences in county jails instead of state prison. Two years after realignment became law, legislators passed AB 651, which granted expungement of criminal records for offenders convicted of a realignment offense.

Now, expungement will also be available to triple-non criminals prior to realignment, if granted by a judge. Eligibility requirements include full completion of sentence, full payment of fines and restitution, and no subsequent criminal history for two years.

The bill was crafted with an eye toward reducing recidivism and expanding employment opportunities for released offenders, Jones-Sawyer’s office said. “AB 1115 will provide prisoners, who are released, the chance of not being reminded of their mistakes when they seek to expand their opportunities for gainful employment, housing and a fresh start,” he added.

Though AB 1115 had no registered opposition, its predecessor, AB 651, was opposed by the California District Attorneys Association, the California Police Chiefs Association, the California Probation, Parole and Correctional Association, and other law enforcement and victims’ rights associations.

In its opposition statement to the earlier bill, California District Attorneys Association said, “Felons sentenced to county jail under realignment are similarly situated to felons sentenced to prison, with the main difference being where they are incarcerated. … As such, the simple change to where a sentenced felon is housed effectuated by realignment is not appropriate grounds to afford such offenders the relief.”

In response, a statement from Jones-Sawyer argued that criminals sentenced to county jail are not simply serving a state prison term in county jail but were sent there because they were deemed low risk.

The California District Attorneys Association had no comment on the passage of AB 1115.

Among AB 1115’s supporters are California Attorneys for Criminal Justice, the California Public Defenders Association, the American Civil Liberties Union of California, and Californians for Safety and Justice, which sponsored Proposition 47.