SB 952 - Under current law, there is a $250 surcharge on all petitions for expungement, however, a judge may waive the surcharge if the petitioner is found to be indigent or unable to pay the cost. This act changes the surcharge amount to $100 and adds that a judge has complete discretion to waive the surcharge if the petitioner is found to be unable to pay the cost.
This act also modifies the criteria for a petition to expunge records. Under current law, in order to file a petition, it must be at least seven years if the offense is a felony or at least three years if the offense is a misdemeanor from the date the petitioner completed any authorized disposition. This act changes the time limitations to three years if the offense is a felony and one year if the offense is a misdemeanor.
Under current law, a petition to expunge records related to an arrest can be filed no earlier than three years from the date of the arrest. This act changes that provision to six months.
MARY GRACE BRUNTRAGER