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House Bill 1033


House Bill 1033

ARCHIVE (2012)

Latest Information

 

DIGEST OF HB 1033 (Updated March 9, 2012 8:04 pm - DI 69)


Criminal history and sentencing. Defines "criminal history provider." Requires a criminal history provider to: (1) update its records annually to remove inaccurate information and information that has been expunged, restricted, or limited; and (2) only disclose certain information relating to a conviction; as of July 1, 2013. Allows the attorney general and a person harmed by a criminal history provider to bring an action against the criminal history provider if the criminal history provider fails to update its records or discloses non-conviction information. Requires a court to restrict disclosure of information relating to an infraction to a noncriminal justice organization or individual if: (1) the person alleged to have committed the infraction is not prosecuted; (2) the infraction is dismissed; (3) the person is found not to have committed the infraction; or (4) the judgment is reversed on appeal. Establishes a procedure for the person to restrict disclosure of the information relating to the infraction if the court fails to act on its own. Requires records relating to an infraction to be sealed five years after the judgment for the infraction is satisfied. Makes it a Class B infraction for an employer to ask if a person's criminal records have been sealed or restricted. Allows a court to convert a Class D felony conviction to Class A misdemeanor conviction if: (1) the person is not a sex or violent offender; (2) the offense was a non-violent offense; (3) the person has not been convicted of perjury or official misconduct; (4) at least three years have passed since the person completed the sentence; (5) the person has not been convicted of a new felony; and (6) no criminal charges are pending against the person. Provides that if a person whose Class D felony conviction has been converted to a Class A misdemeanor conviction is convicted of a felony within five years after the conversion, a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction. Specifies that a conviction for a Class A misdemeanor that was originally entered as a Class D felony and converted to a Class A misdemeanor under an express sentencing provision is treated as a Class A misdemeanor.
Current Status:
 Law Enacted
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