SB 309

Under current law, a person who is released on extended supervision, parole,

or probation is subject to conditions or rules of the release. If the person violates a

condition or rule, the person is subject to sanctions for the violation, which may

include revocation of release. This bill requires the Department of Corrections to

recommend revoking a person's extended supervision, parole, or probation if the

person is charged with a crime while on release.

Under current law, a sentencing court may order a person's criminal record

expunged of a crime if the court determines that the person will benefit and society

will not be harmed and if all of the following apply: 1) the maximum term of

imprisonment for the crime is six years or less (Class H felony and below); 2) the

person committed the crime before the age of 25; 3) if the crime is a felony, the person

had not been previously convicted of a felony; and 4) the crime was not a violent

felony. The bill adds that the court may not order the record expunged of a crime if

the person had previously been convicted of a crime, including a crime for which the

record had been expunged.

Current law specifies that the expungement order must be made only at

sentencing, and then the record is not expunged until the person completes his or her

sentence. Under current law, a person is not considered to have completed his or her

sentence if the person has been convicted of a subsequent offense or, if on probation,

the probation was revoked and the person has not satisfied all conditions of

probation. The bill adds that a person has not completed his or her sentence if

criminal charges are pending against the person or, if the person was on probation,

the person violated any rule or condition of the probation or at least one year has not

elapsed since being placed on probation.