Stops unpaid restitution from blocking record relief

Existing law requires a court to order a defendant who is convicted of a crime in this state to pay full restitution to the victim and a separate restitution fine, as specified.

Existing law, in specified cases, including when the defendant has successfully completed probation or successfully participated in the California Conservation Camp program, requires a court to dismiss the accusation, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law authorizes the court, in its discretion and in the interest of justice, in specified cases to provide that relief to a defendant who does not meet the stated requirements.

This bill would prohibit a petition for relief, whether statutorily authorized or in the court’s discretion, from being denied due to an unfulfilled order of restitution or restitution fine.

Existing law prohibits a parolee or inmate from being released on parole to reside in another receiving state if the parolee or inmate is subject to an unsatisfied order for restitution to a victim or a restitution fine with the sending state, except as specified.

This bill would remove that prohibition.