The proposed bill would amend current statutes regarding the expungement of misdemeanor convictions by introducing new provisions that allow individuals to petition for expungement after a specified waiting period. Under
the new provisions, individuals convicted of a misdemeanor would be allowed to submit a petition for expungement to the court, provided they meet specific requirements, including a waiting period of three years after completing all probation or sentencing conditions, or five years for shoplifting convictions. The petition must include details such as fulfillment of sentence conditions, any additional arrests or convictions, a written recommendation for expungement, and whether the petitioner has previously obtained an expungement.
Furthermore, the bill outlines the court's responsibilities in processing these petitions and specifies the legal effects of an expungement, such as vacating the conviction and sealing related records. It asserts that expunged offenses cannot be used in future prosecutions. The bill
excludes certain offenses from eligibility for expungement, including domestic violence, sexual offenses, and DUI, among others. Overall, these updates aim to create a clearer and more accessible process for individuals seeking to expunge misdemeanor convictions while maintaining restrictions on certain serious offenses.
Statutes affected: Introduced Version: 13-912
House Engrossed Version: 13-912, 22-125, 8-348, 13-905, 13-3601, 13-901.03