Juvenile Delinquency Record Expungement

Juvenile delinquency records - limited public access - expungement - appropriation. The act ensures that a juvenile and his or her attorney can access the juvenile's delinquency records and that juvenile delinquency record information is available to agencies that require the information for research or internal purposes, with protections against the disclosure of identifying information.

Prior to the act, a juvenile or someone on the juvenile's behalf had to petition, after an applicable waiting period of one to 5 years, for expungement. The act requires the court to automatically expunge records in certain situations and in other situations the juvenile must still petition for expungement.

Records are expunged within 42 days upon:

• A finding of not guilty at an adjudicatory trial;
• Dismissal of the entire case; or
• The completion of a juvenile sentence for a petty offense, drug petty offense, a class 2 or class 3 misdemeanor, or a level 1 or level 2 drug misdemeanor that is not a sex offense, does not involve domestic violence, or is not a crime that requires victim notification.

Records are eligible for expungement upon the completion of a juvenile sentence for a class 1 misdemeanor or a misdemeanor involving domestic violence; or for a misdemeanor offense involving unlawful sexual contact; or after the dismissal after completion of juvenile diversion, a deferred adjudication, or an informal adjustment; or for a first-time felony or drug felony and the adjudicated felony is not a crime of violence, is not an offense involving unlawful sexual behavior, and is not a class 1 or class 2 felony. The court sends a notice to the prosecuting attorney that the records are eligible for expungement. The prosecuting attorney shall notify the victim, and the victim and the prosecuting attorney have the right to object to the expungement. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile is sufficiently rehabilitated and whether expungement is in the best interest of the juvenile and the community.

A person may petition the juvenile court to expunge records:

• In a closed case if the records are otherwise eligible for expungement, have not been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner; or
• Related to a law enforcement contact that did not result in referral to another agency after one year has passed since the law enforcement contact and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner; or
• Related to an adjudication as a mandatory sentence offender or as a repeat offender if the person is otherwise eligible for expungement and thirty-six months have passed after the date of the petitioner's unconditional release from his or her juvenile sentence.

A filing fee, notarization, or other formalities are not required. If the court determines the records are eligible for expungement the court will proceed depending whether the records are eligible for automatic expungement or whether the records require a notice and hearing to be held determine if expungement is appropriate.

Records are eligible for expungement upon the completion of a juvenile sentence for a municipal offense other than a traffic offense 42 days after the completion of the municipal sentence. The court shall send notice to the prosecuting attorney regarding the expungement and if the prosecuting attorney files an objection within 42 days, the court shall hold a hearing. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile has successfully completed the sentence and the case is closed.

A person who is adjudicated as a violent juvenile offender or aggravated juvenile offender; adjudicated for homicide or vehicular homicide as a juvenile offender; adjudicated for a felony offense involving unlawful sexual behavior; or is charged, adjudicated, or convicted of a traffic offense or infraction is not eligible for expungement.

The act requires written notice of the right to expungement and of the expungement process to the juvenile. A prosecuting attorney cannot require as a condition of a plea agreement that the juvenile waive his or her right to expungement.

For the 2017-18 state fiscal year:

• $108,710 is appropriated to the department of human services to purchase information technology services. The money is reappropriated to the office of information technology.
• $45,237 and 0.8 FTE is appropriated to the judicial department for trial court programs and capital outlay; and
• $12,294 and 0.4 FTE is appropriated to the department of public safety for use by the biometric identification and records unit to seal records for juvenile expungements.
  (Note: This summary applies to this bill as enacted.)