Bill Summary – FastDemocracy

ON APRIL 16, 2004, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2466, AS AMENDED.
     AMENDMENT #1 rewrites the bill to, instead, make the changes described below.
     Present law requires a person seeking expunction to petition the court in which the petitioner was convicted of the offense sought to be expunged is filed.  Upon filing of the petition, the clerk must serve the petition on the district attorney general for that judicial district.  Not later than 60 days after service of the petition, the district attorney may submit recommendations to the court and provide a copy of such recommendations to the petitioner.
     This amendment provides that when a person petitions the court for expunction pursuant to the above present law above, the bureau may inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense.  
     This amendment authorizes a court entering an order of expunction to release a copy of the order of expunction to the petitioner.
DESTRUCTION OR RELEASE OF RECORDS
     Present law requires all public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if: (i) the charge has been dismissed; (ii) a no true bill was returned by a grand jury; or (iii) the person was arrested and released without being charged.  Except as provided in existing law, all public records of a person who has been charged with an implied consent violation must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person if the violation was dismissed without cost.
     Upon a verdict of not guilty being returned, whether by a judge following a bench trial or by a jury, on all charges for which the defendant was accused, present law requires the judge to inquire of the person acquitted whether such person requests that all public records associated with the charges for which such person was acquitted be removed and destroyed without cost to the person and without the requirement that the person petition for destruction of such records.  If the person requests that the public records related to such charges be removed and destroyed, the court must so order.  If the person acquitted does not request that such records be destroyed at the time the judge inquires, but subsequently requests that such records be destroyed, the person must be required to follow the petition procedure.
     Present law requires all public records of a person required to post bond to keep peace to be removed and destroyed upon the expiration of any bond required, if no surety on the bond is required to fulfill the obligations of the bond.  Additionally, upon petition by a defendant in the court that entered a nolle prosequi in the defendant's case, the court must order all public records expunged.
     Present law requires all public records concerning an order of protection which was successfully defended and denied by the court to, upon petition by that person to the court denying the order, be removed and destroyed without cost to the person.
     As used in the present law above, “public records,” for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and must also not include records of the department of children's services or department of human services that are confidential under state or federal law and that are required to be maintained by state or federal law for audit or other purposes.  Whenever an order of expunction issues directed to the department of children's services or department of human services, the department must notify the defendant if there are records required to be maintained as directed above and the basis therefor.  The department must delete identifying information in these records whenever permitted by state or federal law.  These records are to be expunged whenever their maintenance is no longer required by state or federal law.  Additionally, “public records”, for the purpose of expunction only, does not include appellate court records or appellate court opinions.
     This amendment adds to the present law definition by providing that "public records," for the purpose of expunction only, does not include signed orders of expunction that are maintained as confidential records and are not open for inspection by members of the public.
     ON APRIL 22, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2466 FOR SENATE BILL 2589, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2466, AS AMENDED.
     AMENDMENT #1 rewrites the bill to, instead, make the changes described below.
     Present law requires a person seeking expunction to petition the court in which the petitioner was convicted of the offense sought to be expunged is filed.  Upon filing of the petition, the clerk must serve the petition on the district attorney general for that judicial district.  Not later than 60 days after service of the petition, the district attorney may submit recommendations to the court and provide a copy of such recommendations to the petitioner.
     This amendment provides that when a person petitions the court for expunction pursuant to the above present law above, the bureau must inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense.  
     This amendment authorizes a court entering an order of expunction to release a copy of the order of expunction to the petitioner.
DESTRUCTION OR RELEASE OF RECORDS
     Present law requires all public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if: (i) the charge has been dismissed; (ii) a no true bill was returned by a grand jury; or (iii) the person was arrested and released without being charged.  Except as provided in existing law, all public records of a person who has been charged with an implied consent violation must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person if the violation was dismissed without cost.
     Upon a verdict of not guilty being returned, whether by a judge following a bench trial or by a jury, on all charges for which the defendant was accused, present law requires the judge to inquire of the person acquitted whether such person requests that all public records associated with the charges for which such person was acquitted be removed and destroyed without cost to the person and without the requirement that the person petition for destruction of such records.  If the person requests that the public records related to such charges be removed and destroyed, the court must so order.  If the person acquitted does not request that such records be destroyed at the time the judge inquires, but subsequently requests that such records be destroyed, the person must be required to follow the petition procedure.
     Present law requires all public records of a person required to post bond to keep peace to be removed and destroyed upon the expiration of any bond required, if no surety on the bond is required to fulfill the obligations of the bond.  Additionally, upon petition by a defendant in the court that entered a nolle prosequi in the defendant's case, the court must order all public records expunged.
     Present law requires all public records concerning an order of protection which was successfully defended and denied by the court to, upon petition by that person to the court denying the order, be removed and destroyed without cost to the person.
     As used in the present law above, “public records,” for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and must also not include records of the department of children's services or department of human services that are confidential under state or federal law and that are required to be maintained by state or federal law for audit or other purposes.  Whenever an order of expunction issues directed to the department of children's services or department of human services, the department must notify the defendant if there are records required to be maintained as directed above and the basis therefor.  The department must delete identifying information in these records whenever permitted by state or federal law.  These records are to be expunged whenever their maintenance is no longer required by state or federal law.  Additionally, “public records”, for the purpose of expunction only, does not include appellate court records or appellate court opinions.
     This amendment adds to the present law definition by providing that "public records," for the purpose of expunction only, does not include signed orders of expunction that are maintained as confidential records and are not open for inspection by members of the public.
Statutes affected: 
Introduced: 38-6-118
Amended with HA0927 -- 04/16/2024: 38-6-118, 38-6-118(d), 40-32-101(b), 40-32-101, 40-32-101(c)
Amended with HA0927, SA0927 -- 04/22/2024: 38-6-118, 38-6-118(d), 40-32-101(b), 40-32-101, 40-32-101(c)