Enrolled House Bill (H)
Authored by: Rep. P Eric Turner
Co-Authors: Rep. Jud McMillin, Rep. Robin Shackleford, Rep. Gregory Porter
Sponsors: Sen. Brent Steele, Sen. R Michael Young
  • Rep. P Eric Turner
    Rep. P Eric Turner

    Author

  • Rep. Jud McMillin
    Rep. Jud McMillin

    Co-Author

  • Rep. Robin Shackleford
    Rep. Robin Shackleford

    Co-Author

  • Rep. Gregory Porter
    Rep. Gregory Porter

    Co-Author

  • Sen. Brent Steele
    Sen. Brent Steele

    Sponsor

  • Sen. R Michael Young
    Sen. R Michael Young

    Sponsor

  • Sen. Greg Taylor
    Sen. Greg Taylor

    Co-Sponsor

DIGEST

Expungement. Relocates and restates certain provisions dealing with the expungement of arrest records, and deletes inconsistent language. (Under current law, there are two inconsistent procedures for expunging arrest records.) Specifies where a petition for expungement must be filed, and removes the prohibition against a waiver or reduction of the filing fee for an indigent person. Grants a defense attorney and a probation department access to expunged records if authorized by court order. Allows a court to accept filing of a subsequent petition for expungement that includes convictions not named in the original petition under certain circumstances. Provides that a court must ... find by a preponderance of the evidence instead of by clear and convincing evidence that all the requirements of expungement have been met to order a person's conviction records marked as expunged. Prohibits a person from waiving the right to expungement as part of a plea agreement. Grants access to expunged records to: (1) the supreme court and the state board of law examiners to determine a person's fitness for admission to the bar; and (2) a person required to access expunged records to comply with the federal Secure and Fair Enforcement for Mortgage Licensing Act. Specifies the procedure to be used to regain the right to possess a firearm by a person convicted of a misdemeanor crime of domestic violence. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)