The bill awaits signature from Governor Newsom
In California and throughout the country, individuals’ criminal histories are stored electronically. Doing so has many advantages, such as allowing easy access to records and simplifying data collection. However, it can also lead to a number of problems — including significant gaps in the data in many criminal records.
According to the California Department of Justice, as many as 35% of arrest records in California are missing disposition information — which explains how the case was resolved (charges dropped, conviction, etc). If a person looks up someone’s criminal record and finds an arrest without any disposition information, they may assume that the individual has a criminal history — even if the arrest was wrongful and the charges were dropped. That is one reason why it is so important for criminal history information to be accurate.
In addition, pretrial risk assessment tools, which are used to determine whether a person should be released or detained, rely in part on criminal history records. If the information contained in these records is not accurate, then two distinct problems may arise. First, a person who is at low-risk of committing another crime could be wrongfully detained. Second, a person who is at high-risk of committing another crime could be released.
To respond to this issue, the California Legislature has passed Assembly Bill 1331 (AB 1331). This bill would improve the quality of criminal justice records. It would also create a method for courts to share data with researchers. Sponsored by Assemblyperson Robert Bonta, it is awaiting signature by Governor Gavin Newsom.
According to a seasoned criminal lawyer Santa Ana, CA, one of the main issues with data collection in California is that each law enforcement agency is responsible for its own data collection. That makes it difficult for the California Department of Justice to accurately track individuals across the different systems. AB 1331 would change this by establishing requirements for collecting and reporting data. These rules would apply to both law enforcement agencies and courts.
What does this mean for Californians who have been charged with a crime or who have a criminal history? Essentially, it will ensure that criminal records are accurately reported and tracked in California. As a criminal lawyer Santa Ana, CA can explain, this should lead to more fairness in sentencing and pretrial decisions, as they will no longer be based on inaccurate or incomplete data.
For example, imagine that you were picked up on a trespassing charge when you were 19. The charge was dismissed. 8 years later, you were arrested for a crime of domestic violence. The criminal history database doesn’t show the disposition of the trespass charge, so the court decides that because you have a criminal history, you will be detained. An accurate history would show that the charge was dropped — and you may have been released.
This bill is an important step in the criminal justice reform process in California. If you have been charged with a crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal lawyer Santa Ana, CA.
