HB 17-1208 Summary

• Defines "victim" in criminal justice records sealing statutes to include natural persons against whom crimes were perpetrated, and their spouses, parents, legal guardians, children, siblings, grandparents, grandchildren, significant others, or lawful representatives if the victim is deceased or incapacitated.

• Allows prosecuting attorneys and law enforcement to release police reports and protection orders from sealed cases to victims upon demonstration of lawful need, and permits discussion of sealed cases and victim services information.

• Establishes simplified expedited procedures for defendants to seal criminal records when cases are completely dismissed, defendants are acquitted of all counts, or defendants complete diversion or deferred judgment agreements, without requiring additional civil actions.

• Sets victim notification requirements for certain serious crimes enumerated in statute, requiring hearings on sealing motions to be held within 42 days of filing with opportunity for district attorney to notify the victim.

• Establishes a $65 processing fee for sealing records that may be waived for indigent defendants, with fees credited to the judicial stabilization cash fund in state court or municipal general funds in municipal court.