This bill, Substitute House Bill No. 6918, makes amendments to current law regarding the erasure of criminal records. It changes the time period after which certain criminal records will be erased, based on the date of the most recent judgment of conviction. It also specifies that certain police or court records or records of state's attorneys or prosecuting attorneys are exempt from erasure if they contain criminal history record information referencing more than one count of a criminal case or more than one defendant. The bill also requires the Judicial Department or any criminal justice agency to provide information to persons who purchase records of criminal matters that have been erased, and prohibits further disclosure of the erased records, except to the subject of the records or as required by law.

The bill also adds new legal language to current law to protect the state, state agencies, municipalities, and individuals from liability for actions taken in good faith reliance on criminal history record information that has not yet been marked as erased by the automated system. It establishes a process for individuals to contest the erasure of their criminal history record information, and the Department of Emergency Services and Public Protection will make a determination on whether the information should be deemed erased following a contested hearing.

Statutes affected:
Raised Bill: 54-142e, 54-142t
JUD Joint Favorable Substitute: 54-142e, 54-142t
File No. 639: 54-142e, 54-142t
File No. 788: 54-142e, 54-142t
Public Act No. 23-134: 54-142e, 54-142t