The bill amends municipal court laws to facilitate the expungement of convictions and arrest records for individuals who have successfully completed specialty court programs. It allows judges to waive fees for expungement petitions based on a poverty affidavit and mandates fee waivers for specific cases involving municipal arrest records. The chief judge of each municipal court is authorized to establish specialty court programs in line with supreme court rules. The bill also outlines the petition process for expungement, including required information and waiting periods after completing sentences or diversion agreements, with exceptions for those who have completed specialty court programs.
Furthermore, the bill introduces provisions for expunging arrest records, allowing municipal courts to charge fees for expungement petitions, except for victims of identity theft and individuals with dismissed charges. It establishes criteria for granting expungement, such as mistaken identity or lack of probable cause, and ensures that once expungement is granted, the individual is treated as if they were never arrested. The bill also creates a specialty court funding advisory committee and a specialty court resources fund to support the development of therapeutic and problem-solving approaches in the judicial system, while clarifying that successful completion of a specialty court program may lead to sentence modifications, adhering to minimum sentencing laws.
Statutes affected: As introduced: 12-4516, 20-173
As Amended by House Committee: 12-4516, 12-4516a, 20-173