Present law provides that an eligible petitioner may file a petition for expunction of that person's public records involving a criminal offense if, among other things, at the time of filing the petition for the expunction at least: (1) Five years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony; or (2) Ten years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C or D felony. This bill revises such eligibility criteria to instead provide that at the time of filing the petition for the expunction at least: (1) Three years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony; (2) Six years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class D felony; or (3) Ten years have elapsed since the completion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a Class C felony. Present law provides that for certain provisions of expunction laws, "eligible petitioner" means a person who was convicted of no more than two offenses and, among other things, at the time of the filing of the petition for expunction at least: (1) Five years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor; and (2) Ten years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C or D felony. This bill revises such eligibility criteria to instead provide that at the time of filing the petition for the expunction at least: (1) Three years have elapsed since the completion of the sentence imposed for the most recent offense, if the offenses were both misdemeanors or a Class E felony and a misdemeanor; (2) Six years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class D felony; or (3) Ten years have elapsed since the completion of the sentence imposed for the most recent offense, if one of the offenses was a Class C felony.

Statutes affected:
Introduced: 40-32-101(g)(2)(B), 40-32-101, 40-32-101(k)(1)(C)