SB 2626

Abstract

Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days before the anticipated dismissal of the case. Provides that, if a petition is filed, and upon the successful completion of the diversion program and dismissal of the case, the court shall review the petition and shall grant expungement if the petitioner meets all requirements. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to make conforming changes. Senate Committee Amendment No. 1 In provisions amending the Criminal Identification Act concerning time frames for filing a petition to expunge, provides that, in anticipation of the successful completion of a problem-solving court, pre-plea diversion, or post-plea diversion program, a petition for expungement may be filed 61 days or more before the anticipated dismissal of the case and, upon successful completion of the program and dismissal of the case, the court shall review the petition of the person graduating from the program and shall grant expungement if the petitioner meets all requirements as specified in any applicable statute. Makes grammatical changes and changes to cross-references. Adds an immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the introduced bill, as amended by Senate Amendment No. 1, with the following changes. Corrects typographical errors in Senate Amendment No. 1 in the placement of provisions relating to the time frame for filing a petition to expunge in anticipation of the successful completion of a problem-solving court, pre-plea diversion, or post-plea diversion program, and provides that the petition may be filed 61 days before the anticipated dismissal of the case or any time thereafter (rather than 61 days or before the anticipated dismissal of the case). In the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act, provides that a participant may file a petition to expunge the associated records pursuant to the Criminal Identification Act, including filing a petition in advance of anticipated vacatur and dismissal (rather than file a petition to expunge vacated convictions and the associated underlying records under specified provisions of the Criminal Identification Act). Removes from those Acts a reference to filing the petition at least 61 days before the anticipated dismissal of a case. Effective immediately.