This bill addresses expungement.
This bill:
- defines terms for expungement;
- allows the Department of Public Safety to make rules regarding the procedure for notifying the Bureau of Criminal Identification of an order of expungement;
- modifies the list of offenses that are not eligible for automatic expungement;
- allows the Bureau of Criminal Identification to request the vacation of an order for automatic expungement in certain circumstances;
- modifies the requirements for a certificate of eligibility to address registration as a sex offender, kidnap offender, or child abuse offender or a protective order or criminal stalking injunction in effect against the individual;
- modifies venue for a petition seeking expungement of criminal records;
- clarifies that a certificate of eligibility has to be valid at the time that the petition for expungement was filed for a court to grant expungement;
- addresses the effect of an expungement on a civil protective order;
- modifies venue for a petition seeking expungement of juvenile records;
- includes a coordination clause to address a technical conflict if this bill and S.B. 41, Sex, Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law; and
- makes technical and conforming changes.

Statutes affected:
Introduced: 78B-7-109, 80-6-1001.2
Substitute #1: 78B-7-109, 80-6-1001.2