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IN HB1211

Bill

Status

Passed

5/16/2011

Primary Sponsor

William Crawford

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

HEA 1211 - Restricted Access to Criminal Records

  • Allows persons to petition a court to restrict disclosure of arrest records if charges were dismissed, they were acquitted, or their conviction was vacated, with waiting periods of 30-365 days depending on the circumstance.

  • Requires petitions to include specific information such as arrest date, charges, arresting officer details, and petitioner's birth date and Social Security number, with copies served to the prosecuting attorney and state central repository.

  • Permits prosecutors to oppose petitions within 30 days, after which courts may summarily grant or deny the petition, or hold a hearing; courts must grant petitions unless the petitioner is being reprosecuted on related charges.

  • Establishes a separate process allowing persons convicted of misdemeanors or non-violent Class D felonies to petition for record restriction eight years after completing their sentence, provided they have not been convicted of a felony since.

  • Permits individuals with restricted records to legally state they have not been arrested for or convicted of the crimes in those records on employment applications and other documents.

Legislative Description

Arrest records.

Last Action

Effective 07/01/2011

5/16/2011

Full Bill Text

No bill text available