The proposed bill would significantly update the current statutes on the expungement of misdemeanor convictions. Under law, individuals can apply to have a judgment of guilt set aside, but the conviction remains on their record. The new provisions would allow individuals convicted of misdemeanors to submit a petition for expungement after a waiting period of three years (or five years for shoplifting), requiring details about compliance with sentencing conditions and any additional legal issues. The existing language regarding the setting aside of judgments would be replaced with these new expungement procedures. Furthermore, the bill outlines the court's responsibilities in processing expungement petitions, including the denial of petitions for unresolved matters or unpaid restitution. It specifies the legal effects of an expungement, such as vacating the conviction and sealing related records, ensuring that expunged offenses cannot be used in future prosecutions. The bill also clarifies that it does not apply to individuals convicted of serious offenses, including violent crimes and felonies, thereby streamlining the expungement process and enhancing the rights of individuals seeking to clear their criminal records.

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