HEA 1155 Summary

• Repeals prior expungement provisions for arrests without charges and establishes new procedures allowing persons to petition for expungement of arrest records one year after arrest if no conviction resulted or conviction was vacated on appeal.

• Permits persons convicted of misdemeanors to petition for expungement five years after conviction; Class D/Level 6 felonies after eight years; and other felonies after the later of eight years from conviction or three years from sentence completion.

• Restricts persons convicted of domestic violence crimes from possessing firearms unless restored by court petition five years after conviction, considering factors including protective orders, program completion, and threat to victim.

• Establishes that expunged records must be sealed from public access but remain accessible to law enforcement, prosecutors, defense attorneys, and other specified entities; prohibits discrimination against persons with expunged records.

• Prohibits waiver of expungement rights in plea agreements as against public policy and declares an emergency for the act's effective date.