SB 1349

Present law lists 40 Class E felony offenses that are eligible for expunction. Present law also generally authorizes expunction for misdemeanor offenses, except for 45 misdemeanor offenses that are listed in present law. Generally, a person who has been convicted of an offense that is eligible for expunction may file a petition for expunction if: ( 1 ) The offense for which the person is seeking expunction is any of fense that occurred prior to any conviction for a criminal offense that is ineligible for expunction; ( 2 ) The person has not previously been granted expunction under certain provisions of present law f or another criminal offense; ( 3 ) At the time of the filing of the petition for expunction at least f ive years have elapsed since the completion of the sentence imposed for a misdemeanor or Class E felony; and ( 4 ) The person has fulfilled all the requirements of the sentence imposed by the court in which t he individual was convicted of the offense . The district attorney general and the petitioner for expunction may file evidence with the court relating to a petition for expunction, prior to the court ruling on the petition. This bill requires criminal c ourt clerks to remove and destroy all public records of a conviction for a Class E felony or misdemeanor that is eligible for expunction one year after the person has completed any sentence imposed by the court. Under this bill, t he court in which a pe rson is convicted on or after July 1, 2025, of a Class E felony or misdemeanor that is eligible for expunction will be required to notify the clerk of the date the person completes the sentence imposed and sign an order of expunction for the records of the conviction to be entered one year from such date. Upon the date of the expunction order, the clerk must remove and destroy all public records of the conviction. Following the removal and destruction of all public records of the conviction, the clerk mus t mail to the defendant's last known address a copy of the order of expunction. This bill authorizes a person who was convicted prior to July 1, 2025, of a Class E felony or misdemeanor that is eligible for expunction to request the clerk of the court in which the conviction occurred to remove and destroy all public records of the conviction. The clerk must notify the court of the request and, w ithin 30 days , th is bill requires the court to determine whether the conviction is eligible for automatic exp unction under this bill and, if so, enter an order of expunction. The clerk must notify the person by mail of the court's determination and, if an order of expunction was entered, include a copy of the order of expunction. A clerk is not required to dest roy the records of a conviction that occurred prior to July 1, 2025, unless the court enters an order of expunction pursuant to this bill . Automatic expunction under this bill is to be done without cost to the person.