Petitions for expungement of certain court records

Under the bill, the record of a civil violation may be expunged when the person has satisfied the judgment against him or her, including paying all costs, fees, surcharges, and restitution ordered or assessed, and the record of a criminal conviction may be expunged when the person completes his or her sentence.

A person who was sentenced to imprisonment or placed on probation has completed his or her sentence if he or she has not been convicted of a subsequent criminal offense; he or she has completed his or her term of imprisonment or probation; the detaining or probationary authority has issued a certificate of discharge; and the person has paid all costs, fees, surcharges, and restitution ordered or assessed. A person who is not sentenced to a term of imprisonment or placed on probation has completed his or her sentence if the person provides sufficient proof to the court that all conditions of his or her sentence have been fulfilled.

Under the bill, if a person was charged with a crime or a violation not related to a traffic law but the person was acquitted of the charge, the charge was dismissed, or the conviction or imposition of a forfeiture was reversed, set aside, or vacated, the person may petition the court at any time to expunge the circuit court record related to the offense. Under the bill, there is no age limit regarding when the alleged offense was committed for a person who petitions for expungement on these grounds.

Under the bill, a court may order that the record of the case be expunged if the court determines that all charges, orders, or judgments against the person are eligible for expungement, that the person will benefit from, and that society will not be harmed by, the expungement. The bill requires the clerk of courts to take certain actions upon receiving an order of expungement, including informing the Department of Justice that an order of expungement has been entered, removing electronic records of the case, and sealing the file.

The bill excludes certain violations from expungement, including traffic violations and certain felonies, if the felony is violent, the person has a history of violent offenses, or the felony is for stalking or certain crimes against children.