Board adopts neutral stance with amendment requests on bill expanding vacatur for victims of trafficking and violence

The Board of Registered Nursing voted March 20 to adopt a neutral position with requested amendments on Assembly Bill 938, which would expand courts' authority to vacate arrests and convictions for individuals who were victims of human trafficking, intimate partner violence or sexual violence.

Under current law, courts may consider vacatur for convictions that were the direct result of human trafficking or intimate partner violence, but only for nonviolent offenses. AB 938 would allow individuals convicted of any offense to petition the court to vacate convictions if the record shows the conduct was a result of specified victimization. The bill would also leave intact a separate board‑sponsored bill (AB 479) that would require licensees who petition for vacatur to serve notice on the licensing board in cases where the offense is substantially related to their professional practice.

Board members expressed concern that, without a notification mechanism, vacatur could remove records the board uses in licensing or discipline processes. Board counsel and staff recommended amendments so the board could be notified when a petitioner with a license seeks vacatur for offenses potentially substantially related to practice. The board moved to take a neutral position but to request amendments that incorporate the notification and public‑protection language from AB 479; the motion passed 5‑0.

Staff noted that if AB 479 (the board's sponsored bill) does not pass, adding a notification requirement to AB 938 would protect the board's ability to evaluate licensure implications and to respond when public safety concerns exist.

The board's action was procedural: it did not change licensing standards or discipline policy but asked that legislative language preserve the board's ability to participate in court proceedings when a vacatur petition may affect public safety or licensing outcomes.