Senate Bill 38 Summary

• Clarifies that the adult expungement law does not apply to juvenile delinquency adjudications under Title 10.

• Expands eligibility for mandatory expungement to include cases without a disposition if 5 years (felony), 3 years (class A misdemeanor), or 2 years (other crimes) have elapsed since arrest or indictment, provided no warrant is outstanding and no court dates are scheduled.

• Permits expungement of cases terminated in favor of the accused even if the person has other prior or subsequent convictions that are ineligible for expungement.

• Adds criminal contempt of court orders, criminal contempt of protection from abuse orders, and breach of release as misdemeanor crimes of domestic violence that are excluded from mandatory expungement.

• Allows courts to grant mandatory expungements when included in a discretionary expungement petition and permits discretionary expungement after gubernatorial pardon without standard eligibility restrictions.