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House Judiciary Committee reviews draft 1.2 of S12 to expand sealing of criminal records
Summary
Committee staff walked members through draft 1.2 of S12, which revises notice and access rules for sealed criminal history records, converts several expungement provisions to sealing, and raises questions about who may use sealed records and when.
The House Judiciary Committee reviewed draft 1.2 of Senate Bill 12 during a committee meeting, as Office of Legislative Counsel Michelle Childs summarized changes aimed at how petitions for sealing criminal history records are filed and who must receive notice when a court issues a sealing order.
The draft restructures and clarifies multiple sections of law governing sealed records, including who must receive notice of sealing orders, exceptions for using sealed records in court and discovery, and changing several existing expungement provisions to sealing. Committee members and staff flagged practical questions about agency access, forms that ask applicants to disclose criminal history, and possible trade-offs for expanding sealing eligibility.
Major changes described by Michelle Childs, Office of Legislative Counsel, include new language requiring courts to send sealing orders to any entities identified by the petitioner and to entities that must receive notice under subdivision 7607(a). "You'll see there that shaded language ... is the court is to issue the petitioner an order of sealing and provide notice of the order to all entities provided by the petitioner and all entities required to receive notice pursuant to the specific sealing provision in 7607(a)," Childs said.
The draft reworks the exceptions that…
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