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. Notably, individuals convicted of a crime of violence or other prohibited offenses cannot have their records expunged. The bill allows individuals convicted of more than one felony, but fewer than five felonies, to file a motion for expungement after fifteen years from the completion of their last sentence, provided they have not been convicted of a crime of violence or other prohibited offenses.
The bill outlines the process for filing a motion for expungement, including the requirement for notice to the Attorney General and the original police department. It establishes criteria for the court to consider when determining whether to grant expungement, emphasizing the need for the petitioner to demonstrate good character and rehabilitation. The court may consider various factors, such as the individual's background, employment, community ties, and overall rehabilitative progress since their conviction. If granted, the court will order the expungement of records, ensuring that all references to the conviction are removed from public inspection. The act will take effect upon passage.