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HB16-1395: Juvenile Delinquency Record Expungement

Criminal Justice | Student and Youth Rights
Bill Number: HB16-1395
Year: 2016
ACLU Position: Support
Sponsors: P. Lee

Description:

Under current law, there is some access to juvenile delinquency
records. The bill limits that access by making certain records public only
after a court orders that a child be charged as an adult, consistent with
recent changes to the direct file statute, and by eliminating the
requirement that the prosecuting attorney notify the school principal of
minor offenses. The bill also ensures that the juvenile and his or her
attorney can access the juvenile’s records, and that juvenile record
information is available to agencies that require the information for
research purposes, with protections against the disclosure of identifying
information.
Under current law, a juvenile or someone on the juvenile’s behalf
must petition, after an applicable waiting period of one to 5 years, for
expungement. The bill requires the court to automatically expunge
records in certain situations. In some situations, the juvenile must still
petition for expungement. Records will be expunged immediately upon:
• A finding of not guilty at an adjudicatory trial;
• Dismissal of the entire case;
• Dismissal after completion of juvenile diversion, a deferred
adjudication, or an informal adjustment;
• The completion of a sentence for a municipal offense; and
• The completion of a juvenile sentence for a class 2 or 3
misdemeanor that is not a sex offense and does not involve
domestic violence.
Records will be eligible for expungement upon the completion of
a juvenile sentence when the juvenile has a class 1 misdemeanor; a
misdemeanor sex offense; a misdemeanor involving domestic violence;
or a first time felony adjudication and the adjudicated felony is not a
crime of violence, is not an offense involving unlawful sexual behavior,
and is not a class 1 or 2 felony. The court sends a notice to the district
attorney that the records are eligible for expungement. The district
attorney shall notify the victim, and the victim and the district attorney
have the right to object to the expungement. If there is no objection, the
court enters an expungement order. If there is an objection, the court
holds a hearing to determine if the juvenile is sufficiently rehabilitated
and whether expungement is in the best interest of the juvenile and the
community.
All other juveniles must file a petition to request expungement
after an applicable waiting period. Records will be eligible for
expungement one year after a law enforcement contact that did not result
in a referral to another agency. Records will be eligible for expungement
one year from the date of the completion of a juvenile sentence if the
juvenile was not adjudicated a repeat, mandatory, aggravated, or violent
juvenile offender. Records will be eligible for expungement 3 years from
the date of completion of a juvenile sentence if the juvenile was
adjudicated a repeat or mandatory offender and not adjudicated for a
felony sex offense. Records will be eligible for expungement 5 years from
the date of completion of a juvenile sentence if the juvenile was
adjudicated an aggravated or violent juvenile offender or was adjudicated
for a felony sex offense. After the petition is filed, the court shall hold a
hearing, and the court shall grant expungement if it finds that the juvenile
has been rehabilitated and that expungement is in the best interest of the
juvenile and the community.
The bill requires written notice of the right to expungement and the
process to the juvenile.


Current Status:

House Committee on Judiciary Postpone Indefinitely (05/05/2016)



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