HB317 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 acquittal, or dismissed without prejudice with no subsequent conviction for two years.

• Permits persons convicted of violations, misdemeanor offenses, or traffic violations to petition for record sealing after completing probation/parole, waiting three years (five years for domestic violence third degree), and meeting restrictions on violent felonies, sex offenses, and commercial vehicle violations.

• Allows persons charged with felony offenses to petition for record expungement when charges are dismissed with prejudice, no billed, result in acquittal, dismissed after successful drug/mental health court completion, or dismissed without prejudice with no subsequent conviction for five years.

• Requires $600 administrative fee distributed to Fair Trial Tax Fund ($150), State General Fund ($150), district/municipal attorney's office ($75), court clerk ($100), and Crime Victim's Compensation Commission ($25), with remainder to law enforcement; allows payment plans for indigent petitioners.

• Specifies that expunged records are destroyed and proceedings deemed never to have occurred, while conviction records are sealed and removed from public disclosure; prosecuting authority has 45 days to file objection; restitution and court costs must be paid before expungement granted.