S301 - Expand Expunction Eligibility. (SL 2021-118)

Session Year 2021

Overview: S.L. 2021-118 makes the following changes to statutes related to expunction of criminal offenses:

  • Expands the criminal offenses eligible for expunction.
  • Allows the expunction of an eligible offense despite an impaired driving conviction if the impaired driving conviction occurred more than than five years prior to the petition.
  • Allows the expunction of up to three nonviolent felonies.
  • Allows an attorney to file a petition for expunction on behalf of a person who committed certain crimes under the age of 18.
  • Allows district attorney access to expunction records for determining conditional discharge eligibility.

This act became effective December 1, 2021. The provisions allowing additional offenses to be expunged and authorizing petitions to be filed on behalf persons that committed crimes under the age of 18 apply to petitions filed on or after that date.

Additional Information: