SB 2197

Present law authorizes certain eligible petitioners to apply for expunction of a conviction if certain requirements are met. One such requirement for a person who was convicted of a nonviolent crime is that such person must p etition the court in which the petitioner was convicted of the offense and the judge found that the offense was a nonviolent crime . This bill removes this provision and provides, instead, that an eligible petitioner means a person who p etitioned the court in which the petitioner was convicted of the offense and the judge found the conviction was not for one of the following felony offenses, or an attempt, conspiracy, facilitation, or solicitation to commit one of the following felonies:  First degree murder  Second degree murder  Especially aggravated kidnapping  Aggravated child abuse  Especially aggravated robbery  Commission of act of terrorism  A sexual offense for which the offender is required to register as a sexual offender or violent sexual offender or any sexual offense involving a minor If the petitioner is an eligible petitioner pursuant to the above , th is bill requires the court to consider, in weighing the best interests of justice and public safety, whether the offense sought to be expunged was violent and any other relevant factors presented by the petitioner and the district attorney general.