HB 1294 -- Criminal Records

Co-Sponsors:  Gunn, Relford

This bill allows the court, after considering all the
circumstances, to close to the general public and law
enforcement agencies a person's criminal and juvenile records.

A person is eligible to petition the court to have his or her
records closed if the petitioner is at least 25 and not on
probation or parole.  In addition, the petitioner must have less
than 2 felony convictions; less than 3 misdemeanor convictions;
no misdemeanor convictions for at least 10 consecutive years
after release from prison; no felony convictions for at least 15
consecutive years after release from prison; no convictions for
a violent felony, a sex offense, or class A or B felony
distribution of controlled substances; no convictions for
operating a commercial motor vehicle with a blood alcohol
content of .04% or more; and no previous petitions to have the
petitioner's record closed.

Also, the petitioner is prohibited from bringing a civil action
against a law enforcement agency relating to the arrest or
conviction described in the closed records after the closure of
the records.  In addition, the petitioner is prohibited from
employment by any licensed gambling operation.

Persons who knowingly fail to close or release closed
information are guilty of a class B misdemeanor.  Persons who
know the records are closed and use the information for
financial gain are guilty of a class D felony.

The bill also allows a person's arrest record to be destroyed if
no criminal charges have been filed against the person within 10
years from the date of the arrest.