The bill amends existing laws regarding the expungement of criminal records, specifically in Chapter 12-1.3. It introduces new definitions and clarifies the criteria for individuals seeking to have their records expunged. The bill allows individuals who have been convicted of more than one felony, but fewer than five felonies, to file a motion for expungement, provided they have not been convicted of a crime of violence or other specified prohibited offenses.
The bill establishes a timeline for when individuals can file for expungement, allowing for the expungement of felony convictions after fifteen years from the completion of their last sentence. It also outlines the process for filing a motion for expungement, which includes notifying the Attorney General and the original police department.
The criteria the court must consider when determining whether to grant expungement include the absence of recent felony or misdemeanor convictions, the absence of pending criminal proceedings, and the individual's demonstration of good moral character. The hearing judge may consider the person's background, employment, community ties, and involvement in their community, as well as their overall rehabilitative progress since their conviction.
Certain serious offenses, including crimes of violence and other specified prohibited offenses, remain ineligible for expungement under this legislation. Overall, this legislation aims to provide a pathway for individuals with multiple convictions to clear their records while maintaining public safety considerations.