SB202 Summary

• Allows persons to petition circuit or district courts to expunge records of misdemeanor offenses, violations, or traffic violations when charges are dismissed with prejudice, no billed by grand jury, result in not guilty verdict, or dismissed without prejudice with no subsequent convictions for two years.

• Permits expungement of felony charge records under similar conditions (dismissal with/without prejudice, no bill, not guilty verdict) plus additional grounds of successful completion of drug court, mental health court, diversion, or deferred prosecution programs, with five-year clean record requirement.

• Requires $300 administrative assessment fee at petition filing, distributed to Fair Trial Tax Fund ($75), State General Fund ($75), district attorney ($37.50), circuit clerk ($25), Crime Victim's Compensation Commission ($12.50), Department of Public Safety ($25), and Administrative Office of Courts ($50); indigent filers may request payment plans.

• Upon petition approval, court orders destruction of all arrest and charge records held by court and other agencies; agencies must certify record destruction within 180 days initially, then 60 days after 18-month transition period; expunged proceedings deemed never to have occurred.

• Becomes effective on the first day of the third month following passage and gubernatorial approval; law enforcement and prosecuting authorities may maintain separate investigative files with evidence and photographs.