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Conference committee removes petition requirement, tightens court review for sealed records in S 12
Summary
A Senate Judiciary conference committee on May 20 narrowed the House-Senate differences in S 12 by removing a petition-for-access process and strengthening judicial review for use of sealed records, while deferring final decisions on deferred sentences and a proposed statewide access policy.
A Senate Judiciary conference committee working on S 12 met May 20 to reconcile House and Senate language on sealed records and expungement, and agreed to remove a proposed petition-for-access step while bolstering an exceptions provision that would require court permission before sealed documents are used in public filings or open court.
The change matters because it alters how criminal justice agencies, defense counsel and prosecutors may view and disclose records that would otherwise be sealed under expanded expungement rules. Committee members said the revisions aim to balance broader sealing of records with protections against misuse that could affect employment, housing or other opportunities.
Committee members described the most significant Senate-to-House change as dropping the petition requirement for initial access. "The main thing that on the senate side we're most concerned about is the initial review piece for accessing, using, and disclosing sealed records," a committee member said during the meeting. The same…
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