HF1152 - Clean Slate Act Summary

• Establishes automatic expungement process for criminal records without requiring a petition, effective January 1, 2024, for dismissed cases, successful diversion programs, and qualifying petty misdemeanor/misdemeanor/gross misdemeanor offenses after applicable waiting periods (2 years for petty misdemeanor/misdemeanor, 4 years for gross misdemeanor).

• Bureau of Criminal Apprehension identifies and automatically seals eligible records using fingerprints or name and date of birth, notifying the judicial branch and law enforcement agencies within 60 days of determining eligibility.

• Excludes numerous offenses from automatic expungement including certain drug-related crimes, domestic abuse violations, assault, harassment, stalking, and sexual conduct offenses.

• Requires courts to notify individuals of automatic expungement eligibility at sentencing or disposition hearings, and requires prosecutors to inform victims that an offense qualifies for automatic expungement under the law.

• Allows expunged records to be reopened for criminal justice investigations, prosecutions, and background checks by Department of Human Services and Professional Educator Licensing and Standards Board unless expungement order specifically directs otherwise.