SB208 Summary

• Authorizes circuit courts to order law enforcement agencies to expunge criminal history records for minors and adults who obtain a certificate of eligibility from the Department of Public Safety and meet specified requirements.

• Prohibits expunction of records relating to violent felonies, sex offenses involving minors, sexual predator/offender predicates, aggravated child abuse, terrorism, domestic violence, drug manufacturing/distribution/trafficking, and chemical endangerment of children.

• Requires applicants to obtain a certificate of eligibility from the Department of Public Safety (valid for 12 months) based on: prosecutor certification that charges were dismissed or not filed, no prior criminal convictions, and no prior expunctions, among other conditions.

• Eliminates court costs and filing fees for expunction petitions and allows subjects of expunged records to lawfully deny or fail to acknowledge arrests, with limited exceptions for law enforcement employment, criminal prosecution, bar admission, education employment, and seaport access.

• Makes it a Class C felony to knowingly provide false information in expunction documents and a Class A misdemeanor for unauthorized disclosure of expunged record information by employees of licensing/employment entities.