Expungement of records of certain crimes and discrimination based on expunged conviction. (FE)
Impact
This bill will significantly affect the statutes regarding how criminal records are addressed in terms of expungement and employment opportunities. By expanding eligibility for expungement, the legislation seeks to facilitate reintegration into society for individuals with non-violent felonies who have completed their sentences. This change is expected to help reduce barriers to employment stemming from a criminal record, thereby improving economic prospects for affected individuals.
Summary
Senate Bill 38 addresses the expungement of criminal records and related employment discrimination issues. Under current law, individuals could only have their records expunged if they met several strict criteria, including committing the crime before the age of 25. SB38 aims to modify those criteria by removing the age limitation, thus allowing more individuals to benefit from expungement regardless of their age at the time of the crime, provided other conditions are met. It maintains that the crime should not exceed a Class H felony and that there must be no prior felony convictions.
Contention
However, the bill also stipulates certain crimes will remain ineligible for expungement, such as traffic offenses and violations related to domestic restraining orders. Critics of SB38 may argue that it could lead to increased risks by allowing expungement of records that should indicate a history of conduct relevant to employment in sensitive areas. Proponents, on the other hand, emphasize the importance of Second Chances, particularly for non-violent offenders, suggesting that the potential social benefits outweigh the risks associated with expunging certain criminal records.