Torrey Pines Democratic Club

Newsletter April 2020

Dear Torrey Pine Democrats & Friends,

We hope you are staying safe & healthy during this COVID-19 pandemic. We are fortunate to live in the state of CA being led by Governor Newsom. We are also fortunate to live in San Diego where we have amazing health care institutions such as UCSD Health and Scripps that are also taking the lead in addressing the COVID-19 pandemic.

We are hosting our next club meeting (virtually), Wednesday, April 22. This will be virtual meeting hosted by the Mike Levin for Congress campaign.

Meeting will start at 6 p.m. and Mike will speak from 6:15 pm – 7:15 pm. Meeting scheduled until 8 p.m.

Please email Janette Shelton at jshelton690@gmail.com to RSVP for your spot at our next meeting, Wednesday, April 22. Starts at 6p.m. Janette will then send you the Zoom meeting information. 


E-Board Update:
We had our  virtual E-Board meeting this past Monday. We decided to postpone our officer elections for now.


Action Required by Members in Good Standing: Our E-Board recommends signing a letter of support for SB 1045 Criminal records sealing.  We are asking our members in good standing to let us know via email if you oppose the letter of support by April 21. If we do not receive any opposition from our members in good standing, we will send a letter of support. If we receive any opposition we will then bring up for discussion at our April meeting, next week.  Email Diana if you have questions, concerns and/or oppose.

Click here for legislative information:
http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1045

FACT SHEET: SB 1045 EXPANSION OF POST-CONVICTION RELIEF

PROPOSED BILL

SB 1045 expands post-conviction relief in California by sealing arrest and related records for individuals whose charges are dismissed under California Penal Code section 1203.4, et. seq., as well as by amending Judicial Form CR-181 (Order for Dismissal) to require that records related to petitioner’s arrest and conviction be sealed and only available to the parties, or by order of the court for good cause.BACKGROUND/CURRENT LAW

Under California Penal Code 1203.4 et seq., certain criminal convictions can be dismissed upon successful completion of probation and payment of all fines and fees. Penal Code 1203.4 et seq. addresses a profound and pervasive problem: having any convictions, including misdemeanors, can disqualify someone from participating in public assistance programs such as Section 8 housing and food stamps. A conviction can prevent even a well-trained person from employment and bar them from holding professional licenses such as nursing, real estate, auto sales, and cosmetology.

But the relief granted under Penal Code 1203.4 is incomplete, as it fails to address the arrest record. Arrest records themselves are often enough to disqualify an otherwise well-qualified candidate. Moreover, charges at the time of arrest are also often more severe than at the time of conviction. Without having conducted a thorough investigation, charges appearing on a police report often paint an inaccurate and more adverse picture of the individual.California took a partial step toward addressing the arrest record problem in 2017 with Penal Code section 851.91 (SB 393, Lara). The new legislation allows for sealing of arrest and related records if no conviction occurred after an arrest, or if a conviction occurred but was vacated or reversed on appeal. In enacting SB 393, the legislature stated that its intent was to remove a serious barrier to employment and housing opportunities for Californians. SB 393, however, did not include Californians whose charges are dismissed under Penal Code 1203.4 et. seq.

Thus, under current law, there is a gap: convictions which are dismissed pursuant to Penal Code 1203.4 do not seal arrest records, and SB 393 does not seal the arrest records of dismissed convictions under 1203.4. The arrest record of dismissed convictions remains as a matter of public record and is accessible electronically. This contravenes the intent behind both Penal Code 1203.4 et seq. and SB 393: reducing re-entry barriers to promote full participation in the labor market and civil society.

Our proposed legislation would ensure that when a conviction is dismissed under Penal Code 1203.4 et seq., arrest and related records are sealed.

SOLUTION

SB 1045 will amend California Penal Code sections 851.91 to allow sealing of arrest and related records for charges dismissed from criminal record under California Penal Code section 1203.4, et. seq.

SB 1045 will not expand the list of convictions that qualify for dismissal, but only the post-conviction relief available for candidates that qualify under Penal Code 1203.4, et seq.

By enacting SB 1045, California follows in the footsteps of states such as North Carolina and Ohio, where post-conviction relief in criminal cases include sealing or destruction of the state’s records of the arrest, charge, and/or conviction. 

Tens of thousands of Californians will be given a true “second chance”, to pursue better employment, housing, and quality of life. 

SPONSORS:

Center for Social Justice and Public

Service at Santa Clara Law SUPPORT

ACLU of Northern California

California Public Defender’s Association Community Legal Services in East Palo Alto

Homeboy Industries Initiate Justice

Katherine and George Alexander Community Law Center

National Association of Social Workers, California Chapter

National Employment Law Project National Justice Impact Bar Association

Pro Bono Project Racial Justice, Marin

Rubicon Programs Safe Return Project

Uncommon Law

OPPOSITION

Riverside Sheriffs’ Association

FOR MORE INFORMATION

Contact: Sharine Xuan

sxuan@scu.edu


If you haven’t yet…check out Senator Toni Atkin’s newsletter
—-> 
https://sd39.senate.ca.gov/news/newsletter