SanDiegoCounty.gov
File #: 23-709    Version: 1
Type: Public Safety Status: Agenda Ready
File created: 11/22/2023 In control: BOARD OF SUPERVISORS
On agenda: 12/5/2023 Final action:
Title: AN ORDINANCE AMENDING SECTION 363 OF ARTICLE XX OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO FILING FEES TO SEAL OR EXPUNGE A RECORD, PURSUANT TO ASSEMBLY BILL 134 (DISTRICTS: ALL)
Attachments: 1. PROBATION FEES BL, 2. PROBATION FEES AIS, 3. PROBATION DISMISSAL FEES ALOG, 4. PRB FEES ATTA A, 5. PRB FEES ATTA B, 6. PRB FEES ATTA C, 7. 12052023 ag23 Minute Order, 8. 12052023 ag23 Speakers, 9. 12052023 ag23 Proof of Publication

DATE:
December 5, 2023 and January 9, 2024
23

TO:
Board of Supervisors

SUBJECT
Title
AN ORDINANCE AMENDING SECTION 363 OF ARTICLE XX OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO FILING FEES TO SEAL OR EXPUNGE A RECORD, PURSUANT TO ASSEMBLY BILL 134 (DISTRICTS: ALL)

Body
OVERVIEW
Effective July 10, 2023, California Assembly Bill (AB) 134 eliminated filing fees to seal or expunge a record, commonly known as expungements. For those who requested expungements prior to AB 134's passage, the charges are still collectible; however, no new fees will be assessed.

Today's action seeks Board of Supervisors (Board) approval to amend Article XX of the San Diego County Administrative Code to reflect the County of San Diego's implementation of, and to be consistent with, the provisions of AB 134. As of July 10, 2023, the Probation department ended the assessment of fees to seal or expunge a record. The proposed changes to the San Diego County Administrative Code delete the references to these requests of dismissal filing fees which are no longer assessed, pursuant to the changes in state law. The ordinance will be introduced on December 5, 2023 and, if approved, it will be scheduled for adoption on January 9, 2024. If the proposed ordinance is altered on January 9, 2024, then on that date a subsequent meeting date will be selected for the ordinance's adoption.

RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Approve the introduction of the Ordinance (First Reading):

AN ORDINANCE AMENDING SECTION 363 OF ARTICLE XX OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO FILING FEES TO SEAL OR EXPUNGE A RECORD.

If the Board takes the action recommended in item 1, then on January 9, 2024:

2. Consider and adopt the Ordinance (unless ordinance is modified on second reading):

AN ORDINANCE AMENDING SECTION 363 OF ARTICLE XX OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO FILING FEES TO SEAL OR EXPUNGE A RECORD.


EQUITY IMPACT STATEMENT
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