The bill amends existing laws regarding the expungement of criminal records, specifically in Chapter 12-1.3. It introduces new definitions, including "crime of violence" and "other prohibited offenses," which detail the types of crimes that disqualify individuals from having their records expunged. Individuals convicted of a crime of violence or other specified offenses are ineligible for expungement.
The bill outlines the process for filing a motion for expungement, allowing individuals who have been convicted of more than one felony but fewer than five felonies, and who have not been convicted of a crime of violence or other prohibited offenses, to seek expungement after a specified period of fifteen years from the completion of their last sentence. It also specifies that convictions for certain offenses, including those under chapter 29 of title 12 and driving offenses resulting in death, are not eligible for expungement.
Additionally, the bill establishes criteria for the court to evaluate a petitioner's moral character and rehabilitation progress when considering expungement requests. The court must hold a hearing and notify relevant parties before making a decision. The hearing judge may consider the person's background, employment, community ties, and other relevant factors to determine if the individual exhibits good moral character. If granted, the court will order the expungement of records, ensuring that all references to the conviction are removed from public inspection. The act is set to take effect upon passage.