Criminal Record Sealing & Expungement Changes
| Type | Bill |
|---|---|
| Session | 2024 Regular Session |
| Subjects |
Concerning matters related to access to criminal records.
Bill Summary:
Under current law, when a person is arrested in a case of mistaken identity, the arresting agency is required to petition the court for an expungement order. The act allows the defendant in a mistaken identity case to petition for an expungement order if the arresting agency does not file a petition within the prescribed timeframe. The defendant is not subject to any fees or costs associated with expunging the record.
A court can grant an attorney access to a sealed record if the defendant in the sealed case provides permission and the attorney is accessing the record for the sole purpose of providing legal advice to or representing the defendant.
The act clarifies that a deferred judgment is eligible for record sealing if the underlying offense would be eligible for record sealing.
The act allows a hearing related to sealing matters to be conducted remotely, clarifies procedures for automatic sealing, and creates a record-sealing procedure for convictions records for when a statutory change legalizes previously prohibited conduct.
On or before July 1, 2025, the state court administrator shall compile a list of certain types of non-conviction criminal justice records (non-conviction records) with dispositions prior to August 2022. The state court administrator shall sort the non-conviction records by judicial district and send the final list to the chief judge of each judicial district.
APPROVED by Governor June 4, 2024
EFFECTIVE July 1, 2025
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 24-1133 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | The motion passed on a vote of 9-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 24-1133 to the Committee on Appropriations. | The motion passed on a vote of 5-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.006 | The motion passed without objection. | Vote summary |
| Refer House Bill 24-1133, as amended, to the Committee of the Whole. | The motion passed on a vote of 9-2. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.001 (Attachment C) | The motion passed without objection. | Vote summary |
| Adopt amendment L.002 (Attachment D) | The motion passed without objection. | Vote summary |
| Adopt amendment L.003 (Attachment E) | The motion passed without objection. | Vote summary |
| Adopt amendment L.004 (Attachment F) | The motion passed without objection. | Vote summary |
| Refer House Bill 24-1133, as amended, to the Committee on Appropriations. | The motion passed on a vote of 9-0. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 05/06/2024 | Third Reading | BILL |
33
AYE
0
NO
2
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/30/2024 | Third Reading | BILL |
61
AYE
3
NO
1
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 06/04/2024 | Governor | Governor Signed |
| 05/21/2024 | Governor | Sent to the Governor |
| 05/21/2024 | Senate | Signed by the President of the Senate |
| 05/21/2024 | House | Signed by the Speaker of the House |
| 05/06/2024 | Senate | Senate Third Reading Passed - No Amendments |
| 05/04/2024 | Senate | Senate Second Reading Special Order - Passed - No Amendments |
| 05/04/2024 | Senate | Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole |
| 05/03/2024 | Senate | Senate Committee on Judiciary Refer Unamended to Appropriations |
| 04/30/2024 | Senate | Introduced In Senate - Assigned to Judiciary |
| 04/30/2024 | House | House Third Reading Passed - No Amendments |
| 04/29/2024 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 04/26/2024 | House | House Committee on Appropriations Refer Amended to House Committee of the Whole |
| 02/21/2024 | House | House Committee on Judiciary Refer Amended to Appropriations |
| 01/29/2024 | House | Introduced In House - Assigned to Judiciary |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 07/01/2025 | 384 | Criminal Record Sealing & Expungement Changes |