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Legislative Year: 2019 Change
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Bill Detail: HB19-1275

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Title Increased Eligibility For Criminal Record Sealing
Status Governor Signed (05/28/2019)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors M. Weissman (D)
M. Soper (R)
Senate Sponsors P. Lee (D)
House Committee Judiciary
Senate Committee Finance
Date Introduced 03/26/2019
Description

The bill repeals and reenacts the statutes related to sealing criminal
justice records. The bill creates a simplified process to seal criminal
justice records when:
  • A case against a defendant is completely dismissed because
the defendant is acquitted of all counts in the case;

  • The defendant completes a diversion agreement when a
criminal case has been filed; or
  • The defendant completes a deferred judgment and sentence
and all counts are dismissed.
The court seals those records within the criminal case without requiring
the defendant to file a separate civil action.
The bill allows a defendant to petition for sealing criminal justice
records when there is a criminal conviction and without requiring the
defendant to file a separate civil action as follows:
  • If the offense is a petty offense or a drug petty offense, the
motion may be filed one year after the later of the date of
the final disposition of all criminal proceedings against the
defendant or the release of the defendant from supervision
concerning a criminal conviction. The court seals the
records if the defendant has not been convicted of a
criminal offense since the later of the above dates.
  • If the offense is a class 2 or 3 misdemeanor or any drug
misdemeanor, the motion may be filed 2 years after the
later of the date of the final disposition of all criminal
proceedings against the defendant or the release of the
defendant from supervision concerning a criminal
conviction. The district attorney can object to the sealing.
If the district attorney does not object, the court seals the
case if the defendant has not been convicted of a criminal
offense since the later of the above dates. If the district
attorney objects, the court makes the determination after a
hearing.
  • If the offense is a class 4, 5, or 6 felony, a level 3 or 4 drug
felony, or a class 1 misdemeanor, the motion may be filed
3 years after the later of the date of the final disposition of
all criminal proceedings against the defendant or the
release of the defendant from supervision concerning a
criminal conviction. The district attorney can object to the
sealing. If the district attorney does not object, the court
seals the case if the defendant has not been convicted of a
criminal offense since the later of the above dates. If the
district attorney objects, the court makes the determination
after a hearing and considering the district attorney's
position.
  • For all other offenses, the petition may be filed 5 years
after the later of the date of the final disposition of all
criminal proceedings against the defendant or the release of
the defendant from supervision concerning a criminal
conviction. The district attorney can object to the sealing.
If the district attorney does not object, the court seals the
case if the defendant has not been convicted of a criminal
offense since the later of the above dates. If the district
attorney objects, the court makes the determination after a
hearing and considering the district attorney's position.
The bill specifies the offenses for which sealing is not eligible. The bill
retains the specific record sealing provisions for when no charges are
filed and for victims of human trafficking, municipal offenses, and
posting intimate photos of a person offenses.
The bill creates a process for a person with multiple conviction
records that are eligible for sealing due to an intervening conviction to
petition the court in a civil proceeding to have the records sealed. The
district attorney has an opportunity to object, and if the district attorney
objects, the court sets the matter for hearing to determine whether to seal
the records.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (09/13/2019) (most recent)  
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