HB 2362 Summary

• Allows courts to expunge records of arrest, conviction, and sentence; expunged persons treated as if never arrested/convicted except courts may use expunged convictions for sentencing purposes in subsequent offenses.

• Permits expungement petitions for dismissed charges, not guilty findings, or vacated convictions; also allows convicted persons to petition after completing sentence terms plus specified waiting periods (10 years for class 2-3 felonies, 5 years for class 4-6 felonies, 3 years for class 1 misdemeanors, 2 years for class 2-3 misdemeanors).

• Requires court notification to prosecutors and victims before granting expungement; authorizes Department of Corrections to charge investigation fees and Department of Public Safety to charge record correction fees (except for indigent persons or those found not guilty/dismissed cases).

• Upon expungement grant, court seals records and notifies law enforcement agencies; permits expunged persons to state they were never arrested/charged/convicted except on fingerprint clearance card applications.

• Excludes dangerous offenders and persons convicted of crimes against children from expungement eligibility; allows law enforcement to maintain records for investigative purposes and inter-agency communication.