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Bill > S0468


FL S0468

Expunction of Criminal History Records Relating to Certain Cannabis Offenses


summary

Introduced
01/06/2021
In Committee
01/15/2021
Crossed Over
04/21/2021
Passed
Dead
04/30/2021

Introduced Session

2021 Regular Session

Bill Summary

Authorizing certain courts to order criminal justice agencies to expunge the criminal history record of an individual with a qualified cannabis offense upon such individual filing a petition for expunction; authorizing an individual to petition for expunction of such criminal history records at any time; providing requirements if the state attorney or the arresting agency object to the court granting the petition; prohibiting a court or criminal justice agency from charging the petitioner fees in connection with the petition, etc.

AI Summary

This bill authorizes certain courts to order the expunction (removal) of criminal history records related to misdemeanor offenses of obtaining, purchasing, or possessing 20 grams or less of cannabis, under certain conditions. The bill establishes eligibility criteria, including that at least one year has elapsed since the disposition of the arrest or alleged criminal activity, and the person is no longer under court supervision. The person must apply to the Department of Law Enforcement for a certificate of eligibility before petitioning the court for expunction. The courts have discretion to grant or deny the expunction request. The bill also specifies the process for processing the petition and order, and the effects of an expunction order, which generally allows the person to lawfully deny or fail to acknowledge the expunged arrests and notices to appear, except in certain professional contexts.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Other Sponsors (1)

Judiciary (S)

Last Action

Died in Messages (on 04/30/2021)

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