Senate Judiciary reviews S.12 changes on sealed criminal records, debate centers on "access" versus "use" and judicial review

The Senate Judiciary Committee discussed S.12, a bill that would require parties to notify the court and seek a judicial determination before using sealed criminal-history records in public court proceedings, committee members said. Tom Zoney, Chief Superior Judge, explained the process courts would follow and how bench conferences and sealing could be used to limit disclosure.

The issue matters because the bill changes when and how sealed records that may affect trials are disclosed and used, affecting criminal-justice agencies, defense counsel, judges and officer safety. Committee members and testifiers focused on whether the statute should distinguish ‘‘access’’ (reviewing a sealed file) from ‘‘use’’ (introducing or relying on information publicly), and on court capacity to handle pretrial filings under the proposal.

Tom Zoney, Chief Superior Judge, outlined how he expects the amended statute to work: "The statute as amended provides that prior to the use…