Expungement Bills

Passed:

One of our top priority bills for our juvenile attorney this session was HB 60 Juvenile Justice Modifications, which amends statutes related to juvenile records. Specifically, it prohibits public employers from excluding applicants from initial interviews due to a juvenile delinquency adjudication; requires the State Board of Education to include information about dangerous weapons in an annual report on school discipline and law enforcement action; provides that a juvenile may petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation of prostitution, aiding prostitution, sexual solicitation, or human trafficking for labor if the petitioner engaged in the human trafficking for labor while subject to force, fraud, or coercion; clarifies the court can expunge records of arrest, investigation, detention, delinquency petitions, and non judicial adjustments; allows for expungement of a petition found not true 30 days after the judicial decision; requires the court to consider certain factors before expunging if the person is a restricted person creates automatic expungement for records consisting solely of successful non judicial adjustments completed on or after October 1, 2023. The court received $566,100 in funding for implementation.

HB 314 Remedies for Victims of Domestic Violence Amendments allows victims of domestic violence to terminate their rental agreements with a lower termination fee and get an expungement for an eviction.
SB 293 Expungement Revisions provides that if there is a victim of an offense, the victim may object to a petition to expunge within 60 days.

Failed:

HB 323 Expungement Fee Waiver Amendments was not heard in committee. This bill would have extended the waiver of fees for certificates of eligibility and petitions for expungement until 2028. As it stands, the waiver will be repealed on July 1, 2023.

HB 337 Expungement Fee Waivers would have required BCI to waive expungement fees for individuals found to be indigent by a court. This bill was not heard in committee.

HB 490 Expungement Changes sought to clarify expungement statute and require an agency to provide written confirmation of an expungement. This bill passed the House vote but ran out of time to be heard in the Senate.

HB 497 Expungement Records Amendments would have amended the list of agencies that may view information contained in expunged criminal records to exclude the Department of Commerce, the Department of Insurance, and the State Board of Education. This bill was never heard in committee.

SB 58 Background Check Amendments would have reduced the time period within which a law enforcement agency must expunge criminal records if the records qualify for automatic expungement. There were concerns from law enforcement agencies that this wasn’t going to be possible, but we believe that the deadlines provided were within reason and hope to see this bill again next year.