Sacramento, CA- In order to maintain the integrity and accountability of public officials, Assemblymember Hector De La Torre (D-South Gate) introduced Assembly Bill 2092 which closes a loophole in current law that allows individuals convicted of various crimes involving corruption and fraudulence to hold political office.

Under current law, individuals may petition to have their convictions expunged in order to have some of their rights reinstated once they have fulfilled their probation conditions.  However, an expungement is not a subsequent finding of innocence—it is merely a restoration of some rights to the offender after successful completion of probation. 

“Current law is silent as to whether or not an expungement allows a person convicted of crimes involving bribery and voter fraud the right to hold public office,” said De La Torre.  “My experience in South Gate is not one that needs to be repeated in other communities.  We need to close this loophole.”

“This legislation closes a loophole that permits felons who petition for expungement to seek and hold office.  It is wrong to allow persons convicted of this type of offense to become elected officials,” said Los Angeles District Attorney Steve Cooley.  “I am grateful to Assemblymember De La Torre for introducing this legislation,” he added.

Under current law, crimes that prohibit an offender from holding public office are limited to a few serious offenses, including bribery, misuse of public funds, conflict of interest, voter fraud by a public official, and embezzlement of public funds. 

Background

Assemblymember De La Torre has long championed strong ethics reform within government.  In 2004, he authored AB 11 which reduces unethical practices by city councils by limiting the amount that city councilmembers may pay themselves for sitting on a commission, committee, board, authority, or similar body.