HB 838

Abstract

Expungement of police and court records. Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner.The bill also provides that when an initial charge has been reduced or amended to another offense for which reporting to the Central Criminal Records Exchange (CCRE) is still required pursuant to relevant law and an order of expungement is granted for the initial charge, the CCRE shall amend the original arrest but maintain the fingerprints collected from the original arrest. Except for the provisions regarding the circumstances that constitute manifest injustice, the bill has a delayed effective date of January 1, 2026.

Expungement of police and court records. Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means a dismissal by the court under any circumstances and in any manner, excluding an acquittal by reason of insanity or any charge that is deferred and dismissed after a finding of facts sufficient to justify a finding of guilt. The bill specifies that the term "otherwise dismissed" also includes those circumstances when an initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner. The bill also provides that when an initial charge has been reduced or amended to another offense for which reporting to the Central Criminal Records Exchange (CCRE) is still required pursuant to relevant law and an order of expungement is granted for the initial charge, the CCRE shall amend the original arrest but maintain the fingerprints collected from the original arrest.

Expungement of police and court records.Provides that for the purposes of expungement of police and courtrecords the term "otherwise dismissed" means to render a legal actionout of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies thatthe term "otherwise dismissed" also includes those circumstanceswhen an initial charge is reduced or amended to another offense,including a lesser included offense or the same offense with a lessergradient of punishment, so that such person is not convicted of theinitial charge and may file a petition requesting expungement ofthe police and court records relating to the initial charge. Thebill also provides that if a court finds that the continued existenceand possible dissemination of information relating to an arrest maycause circumstances that constitute a hindrance to obtain employment,an education, or credit, it shall enter an order requiring the expungementof the police and court records. Under current law, a court shallenter an order of expungement when information relating to an arrestcauses or may cause circumstances that constitute a manifest injusticeto the petitioner.