CS/HB 7105 - Expunging and Sealing Criminal History Records

• Creates nonjudicial expunction process through Department of Law Enforcement for eligible criminal history records with $75 processing fee; applicants must submit certified statement from state attorney, disposition copy, and full fingerprints.

• Establishes nonjudicial sealing process for persons adjudicated guilty of nonviolent misdemeanors or dismissed charges, requiring $75 fee and similar documentation; allows appeal to circuit court if prosecutor denies related arrest claims.

• Allows automatic expunction of minor's criminal history records at age 21 (changed from age 19) for non-serious or non-habitual juvenile offenders; extends retention period from 2 to 5 years after reaching age 19.

• Expands court-ordered expunction eligibility and requires certificate of eligibility from Department before court petition; provides no right to expunction and allows court discretion to deny requests.

• Appropriates $500,000 in recurring funds to Department of Law Enforcement for fiscal year 2015-2016 to implement sealing and expunction provisions; takes effect October 1, 2015.