HB77 Summary

• Authorizes persons charged with misdemeanor offenses, violations, or traffic violations to petition courts to expunge records when charges are dismissed with prejudice, no-billed by grand jury, result in not guilty verdict, or dismissed without prejudice with no new convictions within two years.

• Allows persons convicted of violations, misdemeanors, or traffic violations to petition for record sealing after completing probation/parole, waiting 3 years (5 years for domestic violence third degree), and meeting eligibility requirements excluding violent felonies, sex offenses, and commercial motor vehicle violations.

• Permits persons charged with felonies to expunge records when charges are dismissed with prejudice, no-billed, result in acquittal, dismissed after successful completion of drug/mental health court or diversion programs, or dismissed without prejudice with no subsequent convictions within five years.

• Requires a $600 administrative assessment fee distributed to Fair Trial Tax Fund ($300), prosecuting attorney ($75), court clerk ($100), Crime Victim's Compensation Commission ($25), and Department of Public Safety ($100); allows payment plans for indigent petitioners.

• Mandates court-ordered destruction or sealing of all records within specified timeframes with agency certification requirements; prohibits disclosure of expunged records on employment or credit applications; preserves law enforcement investigative files and requires full payment of restitution and court costs before expungement.