This bill amends provisions of the law governing post-judgment motions to seal criminal history record information by creating a new category of criminal conviction for which a person may file a motion to seal the related criminal history record information. Under the bill, a person may file a motion to seal criminal history record information for a criminal conviction for any current or former crime if the person shows by a preponderance of the evidence that the person has been a victim of sex trafficking or sexual exploitation, as defined by the bill, and the commission of the crime for which the person was convicted was a substantial result of sex trafficking or sexual exploitation. The bill also provides that a person who is regularly engaged in the business of collecting, assembling, evaluating or disseminating criminal history record information related to specific individuals for a fee, also called a business screening service, is required to disseminate only complete and accurate records; investigate disputed records; correct or
46 delete records found to be inaccurate or reflecting a criminal conviction that was sealed or
47 pardoned; and provide a notice with disseminated records including the date the record was
48 collected and a notice that information may include criminal records that have been sealed
49 or otherwise have become inaccessible to the public. A person is considered in violation of
50 these provisions only if the person's conduct violates these provisions and also violates
51 relevant provisions of the federal Fair Credit Reporting Act. A person found in violation of
52 both the state and federal law is liable to the subject of the record for a penalty of $1,000
53 and additional remedies.

Statutes affected:
Bill Text LD 1871, SP 741: 15.2261, 15.2262, 15.2263, 15.2264