Legislation: Expungements and criminal justice reform

6/10/21

CT S.B.1019

Summary: Provides requirements and instructions for courts to erase certain conviction records, including classified or unclassified misdemeanor offenses, class D or E felonies, or an unclassified felony offense carrying a term of imprisonment of not more than five years. Provides certain exceptions to these erasure requirements. Effective date: 7/1/21;  SB 1019 details

6/07/21

VT S.7: An act relating to expanding access to expungement

Summary: Provides increased expungement opportunities for individuals, including those who committed a crime prior to the age of 25 and those who were convicted of motor vehicle violations and completed their sentence. Certain exceptions apply. Effective date: 07/01/21; S.7 details

5/26/2021

TN H.B.0910: Public Records

Summary: Revises present law provisions that classify certain records as confidential to include records of persons arrested or charged but not convicted of an offense. HB 0910 details

05/20/21

CO HB21-1090: Criminal Marijuana Offenses

Summary: Eliminates the marijuana possession offense for possession of 2 ounces of marijuana or less, raises the limit for illegal possession by an underage person from one ounce to 2 ounces of marijuana or less, requires the court to seal a conviction record for a marijuana possession offense if the person files documents with the court that the person has not been convicted of a criminal offense since and allows a person who was convicted of a class 3 felony marijuana cultivation offense to petition to have his or her conviction record sealed. HB21-1090 details

5/10/21

WA S.B. 5180: Vacating Certain Convictions

Summary: Allows individuals who have been discharged under RCW 9.94A.637 to apply to the sentencing court for a vacation of their conviction record. Provides courts with instructions on how to determine if the individual is eligible for a record-clearing. Effective date: 7/25/2021; SB 5180 details

4/20/21

OK H.B.1799: Modifying qualifications for juvenile court record expungements

Summary: Increases access to expungements for individuals with juvenile court records. Effective date: 11/01/21; HB 1799 details

4/20/21

AL S.B.117 An Act Relating to Expungement 

Summary: Expands expungement eligibility for individuals meeting certain criteria. New eligible charges include misdemeanor criminal offenses, violations,traffic violations, and municipal ordinance violations. SB 117 details

Application: Customers should review their evaluation criteria on lower level offenses. Taking adverse action on charges that are otherwise eligible for expungement may create inconsistency in your adjudication practices because not all individuals will know about or be able to afford expungement services. Customers using tools like Assess may want to adjust their settings accordingly.

4/15/21

IN S.B. 255: Expungement

Summary: Expands expungement eligibility for individuals meeting certain criteria. New eligible charges include felony convictions older than 8 years. SB 255 details

Application: Customers should review their evaluation criteria on older records. Taking adverse action on charges that are otherwise eligible for expungement may create inconsistency in your adjudication practices because not all individuals will know about or be able to afford expungement services. Customers using tools like Assess may want to adjust their settings accordingly.

4/7/21

VA S.B. 1339/HB 2113 Criminal records; sealing of records

Summary: Establishes a process for the automatic sealing of police and court records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the sealing of police and court records relating to certain convictions. SB 1339 details

Application: Customers should review their evaluation criteria on non-convictions such as dismissed charges. Taking adverse action on charges that are otherwise eligible for expungement may create inconsistency in your adjudication practices because not all individuals will know about or be able to afford expungement services. Customers using tools like Assess may want to adjust their settings accordingly.

4/7/21

VA S.B. 1406/ HB 2312 Marijuana; legalization of simple possession

Summary: Eliminates criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older; modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses. SB 1406 details

Application: Customers should review their evaluation criteria on mariuana possession records. Taking adverse action on charges that have since been decriminalized may create inconsistencies in your adjudication program. Customers using tools like Assess may want to adjust their settings accordingly.

04/05/21 

KY H.B. 497

Summary: Requires the Department of Corrections to issue to released prisoners documentation of their criminal history, institutional history and a certificate of employability and to assist prisoners with resume-writing and more.  Bill H.B.497 details

Application: Customers should review their individualized assessment procedures to ensure important documentation and context provided by the candidate is being considered during the review process. Taking adverse action consistently on candidates with records creates risk of noncompliance with mandated individualized assessment requirements. Customers using tools like Candidate Stories may want to review their adjudicators’ review practices.

04/01/21

AZ H.B. 2067 Criminal conviction; set aside applicability

Summary: Except for certain charges (as specified in section N), allows a person convicted of a criminal offense, to apply to the court to set aside the guilty judgment upon fulfillment of the conditions of probation or sentence and discharge by the court. Also specifies conditions under which a person may be granted a Certificate of Second Chance. Bill HB 2067 details

Application: Customers should review their evaluation criteria on non-conviction charges and conduct individualized assessment to consider a candidate’s successful completion of their sentence. Taking adverse action on charges that no longer have a guilty judgment may create inconsistencies in your adjudication program. Customers using tools like Assess may want to adjust their settings accordingly. Customers may want to consider using Candidate Stories for a streamlined individualized assessment process.

03/31/21

NY S854-A/ A.1248-A Marijuana Regulation and Taxation Act

Summary: Authorizes the lawful use of marijuana for adults 21 and older; Mandates the automatic expungement of certain marijuana-related convictions. Bill S854-A/ A.1248-A details

Application: Customers should review their evaluation criteria on mariuana possession records. Taking adverse action on charges that have since been decriminalized may create inconsistencies in your adjudication program. Customers using tools like Assess may want to adjust their settings accordingly.

03/25/21

ND H.B. 1336 

Summary: Allows for the sealing a criminal record of a driving under the influence offense under certain conditions, e.g., they have not pled guilty to, or been found guilty of, a subsequent violation within seven years of the first violation. Bill HB 1336 details

Application:  Customers should review their evaluation criteria for consideration of time since offense and number of subsequent charges. Taking adverse action on charges that are otherwise eligible for expungement may create inconsistency in your adjudication practices because not all individuals will know about or be able to afford expungement services. Customers using tools like Assess may want to adjust their settings accordingly.

03/25/21

ND H.B. 1196

Summary: Amends the North Dakota Century Code to change the grounds for which an individual may petition to seal their criminal record.

• The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; OR 
• The individual pled guilty to or was found guilty of a felony offense and the individual has not been convicted of a new crime for at least five years before filing the petition. 

Bill HB 1196 details

Application: Customers should review their evaluation criteria for consideration of time since offense and number of subsequent charges. Taking adverse action on charges that are otherwise eligible for expungement may create inconsistency in your adjudication practices because not all individuals will know about or be able to afford expungement services. Customers using tools like Assess may want to adjust their settings accordingly.

02/22/21

NJ A.21 Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act

Summary: Legalizes personal-use cannabis for certain adults, subject to State regulation; decriminalizes small amount marijuana and hashish possession; removes marijuana as Schedule I drug.* Bill A.21 details

Application: Customers should review their evaluation criteria on mariuana possession records. Taking adverse action on charges that have since been decriminalized may create inconsistencies in your adjudication program. Customers using tools like Assess may want to adjust their settings accordingly.

02/22/21

NJ A.1897 

Summary: Provides for certain criminal and civil justice reforms, particularly addressing legal consequences associated with certain marijuana and hashish offenses as well as raising awareness of available expungement relief. A.1897 details

Application: Customers should review their evaluation criteria on mariuana possession records. Taking adverse action on charges that have since been decriminalized may create inconsistencies in your adjudication program. Customers using tools like Assess may want to adjust their settings accordingly.