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HB13-1082: Expunging Juvenile Delinquency Records

Criminal Justice | Student and Youth Rights
Bill Number: HB13-1082
Year: 2013
ACLU Position: Support
Sponsors: Labuda

Description:

A court that adjudicates a person a juvenile delinquent shall consider initiating expungement proceedings for the person's records not more than 30 days after the person's sentence is discharged.

A court that adjudicates a person an aggravated juvenile offender or a violent juvenile offender, or that adjudicates a person a juvenile delinquent for a felony offense of unlawful sexual behavior, shall consider initiating expungement proceedings for the person's records not more than 5 years after the person's sentence is discharged.

The bill permits a court to order a petitioner's records expunged in cases where the petitioner has been convicted of a misdemeanor since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision.

Under current law, the public has access to arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by ajuvenile;
  • Committing an act that would constitute a class 1, 2, 3, or4 felony; or
  • Committing an act that would constitute any crime thatinvolves the use or possession of a weapon if such act were committed by an adult.

The bill limits the public's access to include only arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by a juvenile; or
  • Committing an act that would constitute a class 1 felony.

Current Status:

04/12/2013 - Introduced In Senate - Assigned to Judiciary
04/05/2013 - House Second Reading Laid Over Daily
04/24/2013 - Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/14/2013 - House Committee on Judiciary Witness Testimony and/or Committee Discussion Only
04/30/2013 - Senate Third Reading Passed
05/07/2013 - Sent to the Governor
01/16/2013 - Introduced In House - Assigned to Judiciary



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