If enacted, this bill would significantly update the current statutes regarding the expungement of misdemeanor convictions. Currently, individuals can apply to have a judgment of guilt set aside, but the conviction remains on their record with an annotation. The new provisions would allow for complete expungement, meaning that the conviction would be vacated, related records sealed, and law enforcement agencies notified to update their records. The bill introduces a new process for individuals convicted of misdemeanors to petition for expungement after a waiting period of three years (or five years for specific offenses), along with new requirements for the petition, including proof of fulfilling sentence conditions and third-party recommendations.

Additionally, the bill establishes criteria for denying a petition, such as unresolved legal matters or unpaid restitution, and excludes certain offenses like domestic violence and DUI from eligibility for expungement. It clarifies that expunged records cannot be used in future prosecutions and allows individuals to respond to inquiries as if the conviction did not exist, with exceptions for law enforcement employment. Overall, these changes aim to streamline the expungement process and provide individuals with a clearer path to restoring their civil rights.

Statutes affected:
Introduced Version: 13-912
House Engrossed Version: 13-912, 22-125, 8-348, 13-905, 13-3601, 13-901.03