HB 1135 Summary

• Creates automatic expunction of criminal history records upon civil rights restoration under chapter 940, with Commission on Offender Review notifying the department within 30 days of restoration and the department having 30 days to determine eligibility and expunge records if qualified.

• Excludes from automatic expunction persons classified as violent career criminals, habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, or those required to register as sexual predators or sexual offenders.

• Requires physical destruction or obliteration of expunged records by criminal justice agencies, except records in the department's custody must be retained; allows persons with expunged records to lawfully deny arrests except in specified circumstances including criminal justice employment, criminal prosecutions, and certain licensing situations.

• Amends sections 943.0582, 943.0585, and 943.059 to reference the new automatic expunction provision and allow persons receiving expunction relief to petition for additional expunction or sealing under other statutes if otherwise eligible.

• Takes effect October 1, 2015.