|SB 0552||Expunction of Criminal Records|
|LR Number:||L2227.01I||Fiscal Note:||2227-01|
|Last Action:||01/31/96 - Hearing Conducted S Judiciary Committee|
|Effective Date:||August 28, 1996|
SB 552 - This act provides for the expunction of certain criminal records.
The terms sex-related offense and violent felony are defined for the purposes of this act.
A person who has been convicted of one or more felonies or misdemeanors may petition the court to have his criminal record expunged if he meets the following requirements: 1) has not been convicted for three years since being released from prison; 2) is not currently on probation or parole; 3) has not previously petitioned the court to have his record expunged; and 4) is at least age twenty-five. A person is not eligible to have his record expunged if he has been convicted of: 1) a violent felony; 2) a sex-related offense; or 3) a drug-related offense that is punishable as a Class A or B felony.
If the court finds that a person has met the above requirements, it shall order the person's criminal record closed for a probationary period of three years. The court shall also order the person to perform one-hundred hours of community service. If the person is arrested for a crime, other than a minor traffic offense, during this period, the court shall stay an action to expunge such records until such case is adjudicated.
After three years have elapsed, the person may motion the court to review its prior determination. The court shall expunge the criminal records of the person if he has not been arrested in the intervening period.
A person who knowingly fails to expunge a record or releases information that has been ordered expunged is guilty of a Class B misdemeanor. A person who uses information from expunged records for financial gain is guilty of a Class D felony.
A record that is expunged pursuant to this act shall not
reflect on the validity of the arrest or conviction and shall not
give a person whose record is expunged a right to sue law