Posted February 19, 2010
Significant State Enactments in 2009
State crime legislation in 2009 included measures that focus on records expungement, sharing and access to criminal justice information systems.
Arkansas SB 142, Chapter 168
Authorizes an alternate method for national fingerprint-based background checks for non-criminal justice purposes, relates to a positive identification based on fingerprints, includes interstate identification.
Arkansas SB 995
Amends existing law which prohibits an individual convicted of a felony from possessing a firearm by exempting a person whose case was dismissed and expunged. Authorizes a drug court judge to order a dismissal of a case or expungement if the offender has successfully completed a drug court program, has received aftercare programming, the judge has received a recommendation from the prosecuting attorney for dismissal or expungement, and after consideration of the defendants prior criminal record feels dismissal or expungement if appropriate. Convictions for burglary, breaking and entering, and certain DWI offenses are not eligible are not eligible for dismissal or expungement.
Arizona HB 2449, Chapter 120
Relates to judgment of guilt and sentence documents, specifies that a court or a person appointed by the court shall at the time of sentencing and in open court permanently affix the defendant's right index fingerprint to the document or order, provides that if the supreme court has authorized the court clerk to maintain an electronic court record, the clerk may only maintain an electronic reproduction or image of the original, relates to collection of fingerprints of certain arrested individuals.
Connecticut SB 673, Chapter 26
Concerns access to the criminal justice information system, grants federal public defenders the same access to the criminal justice information system that United States attorneys have, provides for a governing board to oversee the operations and administration of criminal justice information systems, includes provision of appropriate controls for data access and security.
Florida SB 258, Chapter 173
Relates to name change and criminal history records check, requires that a person filing a petition for change of name shall submit fingerprints for a state and national criminal history records check before the court hearing on the petition, provides an exception, provides procedures for the taking and submission of fingerprints, provides that costs shall be borne by the petitioner.
Iowa SB 209, Chapter 24
Relates to the practices and procedures of the Department of Public Safety and other law enforcement agencies, including building inspections, controlled substance detection training, and criminal history data storage, provides that any renovation or repair of such a building or structure shall be subject to a plan review, provides for records retention.
Illinois HB 3961, Chapter 409
Amends the Criminal Identification Act relating to expungement. Changes the procedures relating to the expungement of adult criminal records and the records of minors prosecuted as adults. Establishes time limits and procedures for filing petitions to expunge. Excludes certain enumerated offenses from expungement. Provides for the sealing of certain arrest and court records. Provides that the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records.
Illinois SB 104, Chapter 419
Amends the Juvenile Court Act. Permits persons or their staff charged by a unit of local government with the duty of investigating the conduct of law enforcement officers to inspect and copy law enforcement records that relate to a minor who has been arrested or taken into custody. Provides that juvenile law enforcement records may be disclosed to an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers.
Illinois SB 1030, Chapter 707
Amends the Criminal Identification Act. Provides criminal records for minors arrested prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, are not forwarded to the Federal Bureau of Investigation unless those records relate to an arrest where a minor was charged as an adult. Amends the Juvenile Court Act. Provides records expungement requirements for certain minors. Provides an additional fine for for a plea or guilty finding.
Illinois SB 1677, Chapter 632
Requires the Department of Public Health to create a task force to examine the process used by State and local governmental agencies to conduct criminal history record checks as a condition of employment or approval to render provider services.
Louisiana HB 186, Chapter 277
Provides for the remission and allocation of criminal history information processing fees, authorizes the sheriff to conduct screening functions, relates to any public higher education institution which employs full-time police officers.
Louisiana HB 221, Chapter 158
Deletes a requirement for the destruction of the fingerprint records of a juvenile upon reaching a certain age without a felony conviction in adult court and who has not be adjudicated for a felony-grade delinquent act.
Louisiana HB 264, Chapter 282
Increases the fee that the Bureau of Criminal Identification and Information may charge for processing an expungement of arrest records in misdemeanor and felony cases, authorizes the sheriff and the district attorney to charge a processing fee for expungement of arrest records when ordered to do so by the court, provides that no fee shall be charged in certain cases.
Maryland HB 1227, Chapter 712
Alters provisions relating to the expungement of criminal records, requires a court to grant a petition for expungement of a criminal charge transferred to the juvenile court, repeals provisions limiting the circumstances under which a person may file, and a court is required or authorized to grant, a petition for expungement of a criminal charge transferred to the juvenile court, relates to the expungement of criminal charges transferred to the juvenile court.
North Carolina HB 1329, Chapter 577
Consolidates all statutes related to expunction of records in one article of the general statutes, modifies the age requirements of certain expunctions to be the age at the time of the offense rather than the age at the time of conviction, allows the expunction of misdemeanor larceny, makes clarifying and conforming changes to the expunction statutes.
North Carolina SB 262, Chapter 510
Clarifies that an order to expunge an individual's criminal record shall be forwarded by the Clerk of Court to all state and local government agencies, requires a state government agency to forward notice of expunction orders received by the agency to any private entity that disseminates criminal history records for compensation that is licensed by the agency to access the agency's criminal history record database, provides that the entity has a duty to update those histories before dissemination.
North Dakota HB 1311, Chapter 122
Relates to criminal history record information, adds a definition for criminal history record, specifies that the section of existing law governing criminal history records and information does not prohibit the disclosure of a criminal history record by the requester or other person after the dissemination of the record by the Bureau of Criminal Investigation to the requester.
Nebraska LB 260
Relates to claims against the state, adopts the state Claims for Wrongful Conviction and Imprisonment Act, redefines criminal history record information, changes provisions relating to tort claims.
Nevada AB 47, Chapter 113
Requires a court to immediately upon completion of a program for the treatment of mental illness or mental retardation or a program of treatment for the abuse of alcohol or drugs, seal all records relating to the case, requires a court, upon completion of a presentence program of treatment for alcohol or drug abuse, to seal all case records, provides that certain DUI offenders that are accepted into a program of treatment for the abuse of alcohol or drugs must not have their privilege to drive revoked.
Nevada AB 81, Chapter 367
Revises provisions concerning dissemination of criminal history information to a licensing agency or employer, eliminates a requirement that records be provided to a person's attorney, requires the Department of Health and Human Services to analyze data concerning juvenile sex offender recidivism and treatment programs, removes a provision allowing certain information to be sent to the parent or guardian of a missing child, eliminates the Repository for Information Concerning Missing Persons.
Nevada AB 497, Chapter 313
Requires the Central Repository for Records of Criminal History to facilitate the collection of statistical data and coordinate the exchange of such data with other criminal justice entities including the Advisory Commission on the Administration of Justice, requires the Department of Corrections to provide information and research to the Commission concerning recidivism and the effectiveness of educational and vocational programs, relates to data concerning criminal cases and specialty court programs.
Nevada SB 28, Chapter 20
Requires a dentist who examines a body to forward the record to the coroner for entry into the National Crime Information Database, deletes the requirement that a sheriff, chief of police or other law enforcement agency transmit to the Investigation Division and Central Repository certain information concerning a missing person, deletes the requirements that the ID and CR keep records to assist in identifying bodies and provide them to the Disaster Identification Team and the Department of Public Safety.
New York AB 156, Chapter 56
Permits conditionally sealing arrest, prosecution, and conviction records for controlled substance offenses or certain non-violent offenders sentenced to parole supervision who have successfully completed a judicially sanctioned drug treatment diversion program. Permits the judge to also seal up to three prior misdemeanor convictions for certain controlled substances offenses. Permits either the court of the offenders to file a motion to seal the records. Permits the court to hold a hearing, at the request of the offender or the district attorney, for consideration of sealing the record. Permits the Division of Criminal Justice Services to retain fingerprints, palmprints, or photographs. Sealed records may be made available to the offender, law enforcement agencies, any governmental agency permitted to issues gun permits, or any employer of a police or peace officer. Requires, upon a subsequent arrest or criminal charges that lead to a misdemeanor or felony criminal conviction the records will be unsealed and remain unsealed.
Oregon HB 2853, Chapter 826
Requires specified state agencies and the Psychiatric Security Review Board to provide the Department of State Police with the minimum information necessary to identify persons who are subject to certain court orders or about whom the court has made certain findings for the purpose of transmitting information to the federal government, creates a process by which specified persons who are barred from transporting, shipping, possessing, or receiving a firearm may petition for relief.
South Carolina HB 3022, Chapter 36
Relates to the destruction of criminal records when a charge is dismissed or the person is found not guilty, includes that a circuit solicitor's office or clerk of court may not charge a fee for the destruction or expungement of records.
Texas HB 2002, Chapter 659
Provides that a close relative of a deceased person who, if not deceased, would be entitled to expunction of arrest records and files may file on behalf of the deceased person an ex parte petition for expunction, provides that if the court finds that the deceased person would be entitled to expunction of any record or file that is the subject of the petition, the court shall enter an order directing expunction.
Texas HB 2386, Chapter 189
Relates to the sealing of juvenile records concerning a child adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision that violated a penal law of the grade of misdemeanor or felony if the child successfully completed a drug court program.
Texas HB 2932, Chapter 1152
Includes in the computerized criminal history system certain forensic DNA test results that indicate the person committed another offense, provides for confidentiality.
Texas HB 3671, Chapter 980
Relates to documents that are required for the transfer of a defendant from a county to the state Department of Criminal Justice.
Texas HB 4343, Chapter 1027
Authorizes a criminal justice agency to disclose criminal history record information that is the subject of an order of nondisclosure to the State Department of Insurance.
Texas SB 379, Chapter 1350
Relates to the duties of the Texas Fusion Center, provides for an annual report by the center regarding criminal street gangs that includes law enforcement strategies that have been proven effective in deterring gang-related crime and gang involvement in trafficking of persons.
Texas SB 418, Chapter 736
Relates to the compilation, maintenance, and release of information in a criminal street gang intelligence database by law enforcement agencies and criminal justice agencies, requires specified training and continuing education for any person in this state who enters information into or retrieves information from a criminal street gang intelligence database.
Texas SB 1056, Chapter 780
Relates to authorizing a criminal justice agency to disclose certain criminal history record information to the Guardianship Certification Board and offices of the county clerk, provides that on conviction of a child for a misdemeanor offense punishable by fine, the court shall issue an order prohibiting public disclosure of criminal history record information, allows disclosure to certain agencies including mental health services agencies, hospitals, school districts and children's advocacy centers.
Texas SB 1224, Chapter 140
Relates to a waiver of the fee imposed for certain expunction proceedings if the petitioner seeks expunction of a criminal record for a specified purpose.
Utah SB 180, Chapter 148
Provides that a person may petition the court for the expungement of records in custody of state agencies that are related to the person's juvenile court records.
Virginia HB 2637, Chapter 249
Requires that fingerprints be taken and forwarded to the Central Criminal Records Exchange upon an arrest for a violation of a protective order.
Virginia SB 1197, Chapter 618
Relieves the victim of identity theft of any court costs for filing a petition to expunge the criminal records of charges brought as a result of the identity theft.
Virginia SB 1391, Chapter 172
Permits the dissemination of state criminal history information to individuals, state agencies and private organizations that are involved in the identification, location, and notification of individuals convicted of crimes prior to the advent of DNA testing and the case files of which have since been found to contain evidence suitable for DNA testing, provides for a waiver of liability and a confidentiality agreement.
Washington HB 1300, Chapter 320
Directs a mental health service provider to release to law enforcement officers, personnel of a county or city jail, public health officers, personnel of the department of corrections or the indeterminate sentence review board, prosecuting attorneys, attorneys retained to represent a person who is the subject of an information request under the act, or the court, information related to mental health services delivered to a person who meets specified criteria.
Washington HB 1852, Chapter 170
Eliminates the requirement that the Washington State Patrol charge school districts and educational service districts for only the incremental costs associated with checking fingerprints.
Washington SB 5262, Chapter 366
Allows law enforcement and court access to driver's license photographs maintained by the Department of Licensing for the purposes of identity verification.
West Virginia HB 3036, Chapter 67
Removes specified notice and publication requirements for criminal record expungement petitions.
Wyoming HB 106, Chapter 67
Relates to criminal procedure, amends the purposes for which an expungement may be used, revises the provisions of law for the expungement of records of misdemeanors.