Creating a Uniform Collateral Consequences of Conviction Act and granting rule-making authority. (FE)

If a person is convicted or adjudicated delinquent, the bill requires the sentencing court to inform the person that collateral consequences may apply as a result of the conviction or adjudication and that there may be ways to obtain relief from the collateral consequences. The bill also requires the court to let the person know when he or she may vote and where he or she may find assistance for relief from collateral consequences from a government or nonprofit agency. Under the bill, if a court fails to provide this information to a person, or if the person does not receive information about collateral consequences when he or she is charged or indicted, that is not grounds to invalidate a plea or a conviction or adjudication of delinquency or grounds for money damages or a claim for relief from any collateral consequence.

Under the bill, a conviction or adjudication of delinquency in another state has the same effect as a conviction or adjudication of delinquency in this state for an offense that has the same elements. A pardon or vacation of a conviction or adjudication of delinquency that occurs in another state has the same effect as a pardon or vacation of a conviction or adjudication of delinquency in this state.

Under the bill, a person who has been convicted of, or adjudicated delinquent for, an offense may petition the sentencing court, at the time of sentencing, or the court for the county in which he or she lives, after sentencing, for an order of limited relief from one or more collateral consequences that relate to the person's employment, education, housing, public benefits, or occupational licensing. If the court hearing the petition determines that granting the petition of relief would materially assist the person in obtaining employment, education, housing, public benefits, or occupational licensing and not put the public at unreasonable risk, the court may order that certain collateral consequences not apply to the person. The court may not relieve a person of his or her duty to register as a sex offender or, if the person is eligible to apply for an occupational driver's license, reinstate driving privileges.

Under the bill, any person may petition the court for the county in which he or she lives for a certificate of restoration of rights relieving collateral consequences after three years have passed since the person's most recent conviction or adjudication of delinquency or three years have passed since the person was released from confinement, whichever occurs later. The bill requires the court to consider several factors, including the person's criminal record and public safety, and allows the court to grant a complete or partial restoration of rights relieving collateral consequences. In addition, the bill requires a court to issue a certificate of restoration of full rights if a person has been pardoned by a governor.