Criminal Record Sealing & Expungement Changes
Under current law, when a person is arrested in a case of mistaken identity, the arresting agency is required to petition the court for an expungement order. The act allows the defendant in a mistaken identity case to petition for an expungement order if the arresting agency does not file a petition within the prescribed timeframe. The defendant is not subject to any fees or costs associated with expunging the record.
A court can grant an attorney access to a sealed record if the defendant in the sealed case provides permission and the attorney is accessing the record for the sole purpose of providing legal advice to or representing the defendant.
The act clarifies that a deferred judgment is eligible for record sealing if the underlying offense would be eligible for record sealing.
The act allows a hearing related to sealing matters to be conducted remotely, clarifies procedures for automatic sealing, and creates a record-sealing procedure for convictions records for when a statutory change legalizes previously prohibited conduct.
On or before July 1, 2025, the state court administrator shall compile a list of certain types of non-conviction criminal justice records (non-conviction records) with dispositions prior to August 2022. The state court administrator shall sort the non-conviction records by judicial district and send the final list to the chief judge of each judicial district.
APPROVED by Governor June 4, 2024
EFFECTIVE July 1, 2025
(Note: This summary applies to this bill as enacted.)