HB 322

Abstract

Criminal records; sealing of records. Makeschanges to the sealing provisions as they shall become effectivepursuant to Chapters 524 and 542 of the 2021 Acts of Assembly, SpecialSession I, related to the types of offenses eligible to be sealedby petition. The bill limits such offenses eligible for sealing bypetition to convictions for a Class 2, 3, or 4 misdemeanor and deferraland dismissals of misdemeanor offenses, Class 5 or 6 felonies, or felony larceny-related offenses. Under the related provisions asthey shall become effective pursuant to Chapters 524 and 542, a personconvicted of or who has had a charge deferred and dismissed for amisdemeanor offense, Class 5 or 6 felony, or felony larceny-relatedoffense is eligible to petition to have such conviction or chargesealed. The bill also changes the provisions related to criminalpenalties for disclosure of sealed records to require proof thatsuch disclosure was done maliciously and intentionally and reducesthe penalty for such violation to a Class 1 misdemeanor. Under therelated provisions as they shall become effective pursuant to Chapters524 and 542, disclosure of such records done willfully is a Class1 misdemeanor and disclosure done maliciously and intentionally isa Class 6 felony.