HB 4186 Summary

• Allows individuals convicted of up to 1 felony and 2 misdemeanors to petition courts to set aside convictions, with separate provisions for multiple misdemeanor-only convictions.

• Permits persons convicted under certain human trafficking victim provisions to apply for conviction dismissal at any time if they prove by preponderance of evidence they were direct victims of human trafficking.

• Establishes a 5-year waiting period after sentence completion, probation discharge, or parole release before filing applications, with a 3-year waiting period between denied petitions unless the court allows earlier refiling.

• Prohibits setting aside convictions for crimes with life imprisonment maximums, certain sexual assault offenses, domestic violence felonies with prior misdemeanor convictions, and traffic offenses including operating while intoxicated.

• Requires the Department of State Police to maintain nonpublic records of set-aside convictions accessible only to courts, law enforcement, prosecutors, and other specified government entities for limited purposes such as sentencing consideration and employment screening.