SB 1180 Summary

• Courts must order criminal records cleared when a law enforcement agency, prosecutor, or court determines a person was incorrectly arrested and is factually innocent due to identity theft or mistaken identification.

• Law enforcement agencies, the state department of corrections, the department of public safety, the motor vehicle division, and other state or local entities must clear the person's criminal record at no cost to the wrongfully arrested person.

• The clearing agency must notify the person that their record was cleared and that they may deny the arrest or charges ever occurred under all circumstances.

• "Clear" means to permanently destroy, delete, or erase a record so it is irretrievable in physical or electronic form.

• "Mistaken identification" includes misidentification by law enforcement or witnesses, confusion about the suspect's identity, misinformation provided about the suspect's identity, or other mistakes in identifying the actual offender.