Session Law 2012-191 (H.B. 1023) Summary

• Creates new expunction eligibility for persons convicted of nonviolent felonies or misdemeanors who have remained conviction-free (except traffic violations) for 15 years after conviction or completion of sentence, whichever is later.

• Excludes violent offenses, Class A through G felonies, Class A1 misdemeanors, sex offenses, drug trafficking crimes involving methamphetamine or heroin, and offenses requiring sex offender registration from expunction eligibility.

• Requires petitioner to demonstrate good moral character, obtain character references from two unrelated persons, pay a $175 filing fee (waived for indigent persons), and obtain approval from the court after district attorney review and victim notification.

• Allows multiple nonviolent felonies or misdemeanors convicted in the same court session to be treated as a single conviction for expunction purposes.

• Effective December 1, 2012, and applies to petitions filed on or after that date; also makes technical amendments to existing expunction statutes and law enforcement certification procedures.