SB 1232

Present law generally authorizes an eligible petitioner to file a petition for expunction of that person ' s public records involving a criminal offense if the following conditions are met: (1) T he offense for which the person is seeking ex punction occurred prior to any conviction for a criminal offense that is ineligible for expunction, including convictions for federal offenses and offenses in other states that would be ineligible for expunction in this state. However, a moving or nonmov i ng traffic offense is not a disqualifying offense ; (2) The person has not previously been granted expunction for another criminal offense; ( 3 ) At the time of the filing of the petition for expunction, at least (i) five years have elapsed since the comp letion of the sentence imposed for the offense the person is seeking to have expunged, if the offense is a misdemeanor or Class E felony; or (ii) 10 years have elapsed since the completion of the sentence imposed for the offense the person is seeking to h a ve expunged, if the offense is a Class C or D felony; and ( 4 ) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense, including (i) payment of all fines, restitution, court costs and other assessments; (ii) completion of any term of imprisonment or probation; (iii) meeting all conditions of supervised or unsupervised release; and (iv) if so required by the conditions of the sentence imposed, remaining free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year. Present law provides that a person is not eligible to petition for expunction if the person was convicted of an offense involving the manu facture, delivery, sale, or possession of a controlled substance and at the time of the offense the person held : ( 1 ) A commercial driver license, and the offense was committed within a motor vehicle; or ( 2 ) Any driver license and the offense was commi tted within a commercial motor vehicle. This bill authorizes a person to petition for expunction for an offense that is eligible for expunction under present law, if: (1) The offense o ccurred at least 10 years after the person's conviction for DUI ; ( 2 ) The petitioner fulfilled all requirements of the sentence imposed by the court for the offense the person is seeking to expunge ; ( 3 ) The petitioner h as not previously been granted expunction for a conviction ; and ( 4 ) The petitioner h as not been convicted of DUI m ore than on c e . This bill specifies that various provisions of present law apply to petitions for expunction under this bill. This bill does not specify that the present law provisions making a person in eligible to petition for expunction for offenses involving a controlled substance that were committed within a motor vehicle will apply to petitions filed under this bill.