HB 434

Abstract

Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately expunged after the final disposition of the case. Provides that upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately expunged. Provides that the petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. Provides that the State's Attorney may not object to an immediate expungement petition and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Makes other changes. House Floor Amendment No. 3 Provides that records concerning the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, domestic battery, aggravated domestic battery, a violation of an order of protection, a violation of a civil no contact order, or a violation of a stalking no contact order are not subject to the immediate expungement provisions. Provides that arrests or charges that result in acquittals shall not be used as the basis for penalty enhancements in subsequent criminal prosecutions.