No. CS/HB 745
Filed under Criminal Justice.
Sealing of Criminal History Records; Provides that persons adjudicated guilty of certain misdemeanor offenses are eligible to petition court to seal criminal history record of such offenses; provides that persons previously adjudicated guilty of certain misdemeanor offenses are eligible to petition court to seal subsequent criminal history record; revises certain eligibility criteria to provide that person is eligible to petition court to seal criminal history record if such person is no longer serving sentence to which petition to seal pertains; revises certain eligibility criteria to provide that person is eligible to petition court to seal criminal history record if such person has never secured prior sealing or expunction related to offense for which person was adjudicated guilty; provides certain eligibility criteria for certain persons who seek subsequent sealing of criminal history record relating to offense for which adjudication was withheld; provides certain eligibility criteria for certain persons who seek sealing of criminal history record relating to offense for which person was adjudicated guilty; authorizes court to order sealing of criminal history record pertaining to more than one adjudication of guilt if additional adjudications directly relate to original arrest, incident of criminal activity, or adjudication of guilt.
Plain English Summary
AI-GENERATEDPeople convicted of non-violent misdemeanors can now petition to seal their records, provided they are not serving a sentence.
The bill removes the absolute bar on sealing if a person was previously adjudicated guilty of a sealable offense.
Courts may now seal multiple guilty adjudications from a single incident, not just multiple arrests from that incident.
Applicants must wait three or five years after a prior sealing or conviction before seeking a new seal.
AIAllows sealing of records for most misdemeanors, excluding violent and specific offenses.
AIBars new petitions if a prior sealing or expunction exists for the same offense.
AIRequires 3 or 5 years without new convictions before sealing subsequent records.
AILimits sealing to adjudications of guilt rather than arrests or incidents.